[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> MENTAL HEALTH ACT (NORTHERN IRELAND) 1961

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 61

Further provisions as to prisoners under sentence.

61.(1) Where a transfer direction and a direction restricting discharge have
been given in respect of a person serving a sentence of imprisonment (other
than a person detained in a remand home) and the Minister is notified by
the responsible medical officer at any time before the expiration of that
person's sentence that that person no longer requires treatment for
mental disorder, the Minister may

(a)by warrant direct that he be remitted to any prison or other institution in
which he might have been detained if he had not been removed to hospital,
there to be dealt with as if he had not been so removed;

(b)exercise, or authorise the managers of any training school to which he
might have been remitted to exercise, any power of releasing him on licence or
discharging him under supervision which would have been exercisable if he had
been remitted to such a prison or institution as aforesaid;

(2) A direction restricting the discharge of a person serving a
sentence of imprisonment (including an order for detention in a remand home
under [section eighty-four] of the Children and Young Persons Act (Northern
Ireland), [1968], shall cease to have effect on the expiration of the
sentence.

(3) Subject to sub-section (4), references in this section to the expiration
of a person's sentence are references to the expiration of the period during
which he would have been liable to be detained in a prison or other
institution if the transfer direction had not been given.

(4) For the purposes of sub-section (2) of section thirty-eight of the Prison
Act (Northern Ireland), 1953 (which provides for discounting from the
sentences of certain prisoners periods while they are unlawfully at large), a
patient who, having been transferred in pursuance of a transfer warrant from
any prison or Borstal institution, is at large in circumstances in which he is
liable to be taken into custody under any provision of this Act, shall be
treated as unlawfully at large and absent from that prison or institution.

© 1961 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mhai1961288/s61.html