Colonial Prisoners Removal Act 1884

10 Application of Act to removal of criminal lunatics. U.K.

(1) The provisions of this Act shall apply to a person in custody as a criminal lunatic in like manner, so far as consistent with the tenor thereof, as they apply to a prisoner undergoing sentence of imprisonment; and separate regulations may be made by Her Majesty in Council under this Act in relation to criminal lunatics and (subject to those regulations) all laws and regulations in force in the part of Her Majesty’s dominions in which a criminal lunatic removed or returned is for the time being in custody under a warrant issued in pursuance of this Act, shall apply to such criminal lunatic as if he had become a criminal lunatic in that part.

(2) Where a person, who is a criminal lunatic by reason of being unfit to be tried for an offence, is removed in pursuance of this Act, and a Secretary of State or the Government of the British possession to or from which such person was removed considers that such person has become sufficiently sane to be tried for the said offence, and requires him to be returned for trial to the British possession from which he was removed, he shall,in accordance with the regulations under this Act be returned as a prisoner to the said British possession for the purpose of being there tried for the said offence, and shall be removed thither in custody in like manner as if he had been arrested under a warrant on a charge for the said offence.

[F1 (3) Without prejudice to the foregoing provisions of this section, where a criminal lunatic is removed to England and Wales, then—

( a ) except where he is a criminal lunatic by virtue of having been convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, the Secretary of State may [F2 by warrant direct that he is to be detained in such hospital, within the meaning given by section 145(1) of the Mental Health Act 1983, as may be specified in the direction; and any such direction shall have the same effect as a hospital order under section 37 of that Act together with a restriction order under section 41 of that Act F3 ...; ]

(b) in the said excepted case, the Secretary of State may give the like direction in respect of him under [F4 section 47] of that Act (with or without a direction under [F4 section 49]thereof) as may be given in the case of a person serving a sentence of imprisonment with respect to whom the Secretary of State is satisfied as mentioned in subsection (1) of that section.]

[F5 (4) Without prejudice to the foregoing provisions of this section, where a criminal lunatic is removed to Scotland, then—

(a) except where he is a criminal lunatic by virtue of having been convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, the Secretary of State may give the like direction in respect of him under [F6 section 69 of the Mental Health (Scotland) Act 1984]as may be given in the case of a person to whom that section applies;

(b) in the said excepted case, the Secretary of State may give the like direction in respect of him under section [F7 71]of that Act (with or without a direction under section [F7 72]thereof) as may be given in the case of a person serving a sentence of imprisonment with respect to whom the Secretary of State is satisfied as mentioned in subsection (1) of that section]

Textual Amendments

F1 S. 10(3) added (E.W.) by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I

F2 Words in s. 10(3)(a) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 1; S.I. 2005/579, art. 3(g)

F3 Words in s. 10(3)(a) repealed (1.10.2007 for E.W., 3.11.2008 in so far as not already in force) by Mental Health Act 2007 (c. 12), ss. 40(3)(c), 56(1), Sch. 11 Pts. 8 (with s. 40(7)); S.I. 2007/2798, art. 2(d); S.I. 2008/1900, art. 2(p)

F4 Words substituted by Mental Health Act 1983 (c.20, SIF 85), s. 148(1)(2), Sch. 4 para. 3

F5 S. 10(4) added (S.) by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4

F6 Words substituted by Mental Health (Scotland) Act 1984 (c.36, SIF 85), Sch. 3 para. 2(a)

F7 Figure substituted by Mental Health (Scotland) Act 1984 (c.36, SIF 85), Sch. 3 para. 2(b)