PART 10CRIMINAL JUSTICE
CHAPTER 5DETENTION UNDER A HOSPITAL DIRECTION
198Termination of hospital directions
1
A hospital direction in respect of a person (“A”) ceases to have effect, if it has not already done so, on A's release date (see sections 199 and 200).
2
If before A's release date the Department of Justice receives a relevant notification—
a
the Department of Justice must by warrant direct that A be removed to any prison in which A might (but for the hospital direction) be detained, to be dealt with there as if the hospital direction had not been given; and
b
the hospital direction ceases to have effect on A's arrival in prison.
3
But subsection (2) does not apply if (having received a relevant notification) the Department of Justice directs that with effect from a specified date—
a
A is to be treated as if he or she had been removed to the hospital under the relevant provision from a prison specified in the direction under this subsection; and
b
the hospital direction is to cease to have effect.
4
In this section a “relevant notification” means a written notification by a suitable medical practitioner that—
a
in the practitioner's opinion A does not have, or no longer has, the disorder;
b
in the practitioner's opinion it is more likely than not that, if A were transferred under subsection (2), no serious physical or psychological harm to A or serious physical harm to other persons would result from A's ceasing to be provided with treatment for the disorder as an in-patient in hospital; or
c
in the practitioner's opinion no effective treatment for the disorder can be given to A in the hospital.
5
In this section—
a
“the disorder” means the disorder in respect of which the hospital direction was given;
b
“the hospital” means the hospital where A is detained;
c
any reference to “prison” is to be read, where A would (but for the hospital direction) be detained in a place of any other description, as a reference to a place of that other description;
d
“the relevant provision” means—
i
section 16(2) of the Prison Act (Northern Ireland) 1953; or
ii
if A would (but for the hospital direction) be detained in a juvenile justice centre, paragraph 3 of Schedule 2 to the Criminal Justice (Children) (Northern Ireland) Order 1998;
e
“a suitable medical practitioner” means the responsible medical practitioner or—
i
if the disorder was mental disorder, any approved medical practitioner;
ii
otherwise, any medical practitioner who appears to the Department of Justice to have special experience in the diagnosis or treatment of the disorder.