Criminal Law (Insanity) Act 2006

Transfer of prisoner to designated centre.

15.— (1) Where—

(a) a relevant officer certifies in writing that a prisoner is suffering from a mental disorder for which he or she cannot be afforded appropriate care or treatment within the prison in which the prisoner is detained, and

(b) the prisoner voluntarily consents to be transferred from the prison to a designated centre for the purpose of receiving care or treatment for the mental disorder,

then the Governor of the prison may direct in writing the transfer of the prisoner to any designated centre for that purpose.

(2) Where 2 or more relevant officers certify in writing that a prisoner is suffering from a mental disorder for which he or she cannot be afforded appropriate care or treatment within the prison in which the prisoner is detained, then the Governor of the prison may direct in writing the transfer of the prisoner to any designated centre for the purpose of the prisoner receiving care or treatment for the mental disorder notwithstanding that the prisoner is unwilling or unable to voluntarily consent to the transfer.

(3) The Governor of a prison who gives a direction under subsection (1) or (2) shall cause—

(a) the original of the direction to be sent to the clinical director of the designated centre to which the prisoner the subject of the direction is to be transferred,

(b) a copy of the direction to be given to the prisoner before the prisoner is transferred to the centre,

(c) a copy of the direction to be sent to the Minister, and

(d) where subsection (2) is applicable—

(i) the original of the certification concerned referred to in that subsection to accompany the original referred to in paragraph (a),

(ii) a copy of that certification to accompany the copy referred to in paragraph (b), and

(iii) a copy of that certification to accompany the copy referred to in paragraph (c).

(4) A direction under subsection (1) and (2) shall be sufficient authority to transfer the prisoner the subject of the direction from the prison in which the prisoner is detained to the designated centre specified in the direction.

(5) Where a prisoner who has been transferred to a designated centre pursuant to a direction under subsection (1) refuses to receive care or treatment there for a mental disorder, then—

(a) if 2 or more relevant officers certify in writing that the prisoner is suffering from a mental disorder for which the prisoner should remain in the centre for the purpose of the prisoner receiving care or treatment for the mental disorder, the prisoner shall continue to remain in the centre for that purpose,

(b) in any other case—

(i) the prisoner shall be transferred back to the prison from which he or she was transferred to the centre, or

(ii) the prisoner shall be transferred to such other prison as the Minister considers appropriate in all the circumstances of the case.

(6) Where subsection (5)(a) is applicable to a prisoner transferred to a designated centre, the clinical director of the centre shall cause—

(a) a copy of the certification referred to in that subsection to be given to the prisoner as soon as is practicable after the certification has been made, and

(b) a copy of that certification to be sent to the Minister as soon as practicable after the certification has been made.

(7) Where a prisoner transferred to a designated centre pursuant to a direction under subsection (1) or (2) is required to appear in court, the prisoner may be transferred to and from court as so required.

(8) A prisoner transferred under this section—

(a) from a prison to a designated centre is deemed to be in lawful custody while being so transferred, while at the centre and while being transferred back to prison,

(b) from a designated centre to a court is deemed to be in lawful custody while being so transferred, while in court and while being transferred back to the centre,

(c) while being so transferred may be escorted by any members of the staff of the prison or centre, and

(d) while being so escorted by any such members is deemed to be in their lawful custody.

(9) In this section, “ relevant officer ” means—

(a) an approved medical officer, or

(b) a person registered in the General Register of Medical Practitioners established under the Medical Practitioners Acts 1978 to 2002.