Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department takes to assess the risk of re-offending of offenders with learning disabilities before they are moved from in-patient care to care in the community.

When considering whether to discharge offenders detained under the Mental Health Act 1983 from hospital, the Secretary of State or the First-Tier Tribunal (Mental Health) must decide whether the detention criteria in the Act continue to be met. These are whether the person is suffering from a mental disorder of a nature or degree that warrants detention in hospital for treatment; or it is necessary for the health and safety of the patient or for the protection of others that he or she should receive such treatment; or the appropriate medical treatment is available. Decisions are based on advice provided by clinicians. The risk of re-offending by all patients, including those with learning disabilities, may inform their treatment programmes in hospital - for example, tackling drug addiction or reducing violence. The Secretary of State or the Tribunal will also take such risks into account for the purposes of determining the conditions for discharge into the community. Any learning disabilities may also be reflected in the level of care and support that offenders may be offered once they are in the community.