Mental Capacity Act (Northern Ireland) 2016

Power to transfer person serving custodial sentence etc to hospital
This section has no associated Explanatory Notes

211.—(1) Where—

(a)a person is serving a relevant sentence, and

(b)the conditions for giving a direction under this section are met (see section 212),

the Department of Justice may by warrant direct that the person be removed to a hospital specified in the direction.

(2) For the purposes of this section a person is “serving a relevant sentence” if—

(a)the person is detained under a custodial sentence (defined by section 253);

(b)the person is committed to custody for failure to comply with an order to enter into a recognizance to keep the peace or to be of good behaviour or both; or

(c)the person is committed by a court to a prison in default of payment of any sum adjudged to be paid on the person’s conviction.

(3) In subsection (2)(c) “prison” includes a young offenders centre or juvenile justice centre.