http://www.legislation.gov.uk/nia/2016/18/section/240Mental Capacity Act (Northern Ireland) 2016An Act to make new provision relating to persons who lack capacity; to make provision about the powers of criminal courts in respect of persons with disorder; to disapply Part 2 of the Mental Health (Northern Ireland) Order 1986 in relation to persons aged 16 or over and make other amendments of that Order; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes.texttext/xmlenStatute Law Database2022-07-25Expert Participation2022-04-01
Mental Capacity Act (Northern Ireland) 2016s. 285(2)(a)-(c)Adoption and Children Act (Northern Ireland) 2022Sch. 3 para. 77(b)s. 160(1)
PART 10
CRIMINAL JUSTICECHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10<Emphasis>Powers of Tribunal as to hospital directions and hospital transfer directions</Emphasis>Section 238: procedure where prevention of serious harm condition is not met2401This section applies where, under section 238, the Tribunal notifies the Department of Justice that it is not satisfied that the prevention of serious harm condition is met in respect of a person liable to be detained in a hospital.2The Department of Justice must by warrant direct that the person be removed to any prison in which the person might (but for the relevant direction) be detained, to be dealt with there as if the relevant direction had not been given.3The relevant direction ceases to have effect on the person's arrival in prison.4But subsections (2) and (3) do not apply if the Department of Justice directs that with effect from a specified date—athe person 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; andbthe relevant direction is to cease to have effect.5In this section—aany reference to “prison” is to be read, where the person would (but for the relevant direction) be detained in a place of any other description, as a reference to a place of that other description;b“the relevant direction” has the same meaning as in section 238;c“the relevant provision” means—isection 16(2) of the Prison Act (Northern Ireland) 1953; oriiif the person would (but for the relevant direction) be detained in a juvenile justice centre, paragraph 3 of Schedule 2 to the Criminal Justice (Children) (Northern Ireland) Order 1998.