Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 10 – Criminal Justice

Chapter 7 – Transfer from Prison Etc to Hospital
Section 224 - General provisions about hospital transfer directions

This section contains general provisions about hospital transfer directions. It provides for the meaning of “hospital transfer direction” for the purposes of the Part. It also provides that a hospital transfer direction will cease to have effect at the end of the period of 14 days beginning with the date of the direction, if the person has not been admitted to hospital during that time.

The section also provides that the question of whether a person who is detained in hospital under a hospital transfer direction should receive treatment is to be determined as if the person was not detained under the direction.

This section also provides that, if the responsible medical practitioner is of the opinion that the person who has been given the direction lacks or probably lacks capacity in relation to whether an application to the Tribunal under section 225 should be made, the practitioner must, as soon as practicable, give the Attorney General any prescribed information and notice that a hospital transfer direction has been given.