Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many of those serving custodial sentences who were sectioned under the Mental Health Act 1983 were (a) moved and (b) not moved to secure mental health establishments before the section expired in each year since 2010.

By virtue of Section 47 of the Mental Health Act 1983 (the 1983 Act), the Secretary of State for Justice may, by warrant, direct that a sentenced prisoner be removed and detained in a secure hospital provided that he is satisfied by reports from at least two registered medical practitioners that:

· the person is suffering from mental disorder; and

· the mental disorder is of a nature or degree which makes it appropriate for him to be detained in hospital for medical treatment; and

· appropriate treatment is available for him.

The number of prisoners serving custodial sentences who have been admitted to hospital after the issue of a transfer direction under the 1983 Act in each year since 2010 is set out in the table below. Such transfers directions are valid for 14 days. The figures for total admissions include sentenced prisoners admitted to hospital more than once in a given year.

Table One

Year Total Admissions

2010 446

2011 442

2012 462

2013 457

Once a transfer direction has been issued, it is the Secretary of State’s expectation that the prisoner is always transferred to hospital within 14 days.

However, there may be exceptional circumstances in which the transfer does not take place or is delayed. Such circumstances may include:-

· the proposed hospital bed placement becomes unexpectedly unavailable and the transfer direction expires after 14 days (in which case the Secretary of State will issue a new direction once a new bed placement has been confirmed);

· other court proceedings may intervene, with a new court order superseding the transfer direction

The number of transfer directions issued under section 47 the Act in respect of prisoners serving custodial sentences in each year since 2010 is set out in the table below.

Table Two

Year Total of Directions Issued

2010 451

2011 444

2012 458

2013 463

It should also be noted that as the direction is valid for 14 days, it may be issued in late December one calendar year with the actual admission to hospital not taking place until early January the next calendar year.

For the reasons set out above, the number of transfer directions issued in each year will not match exactly the number of hospital admissions in that year. However, the difference between the figures for any given year is small.

Notes

1. Table One - These figures include those admitted more than once in the year

2. Table One - The data is drawn from Ministry of Justice/National Offender Management Service casework systems and from published Offender Management Annual and Quarterly tables. The link is: https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-october-december-2013-and-annual

3. 2013 is the latest year for which we have audited and published statistics.