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:<\/p>
· the person is suffering from mental disorder; and<\/p>
· the mental disorder is of a nature or degree which makes it appropriate for him to be detained in hospital for medical treatment; and<\/p>
· appropriate treatment is available for him.<\/p>
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.<\/p>
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Table One<\/p>
Year Total Admissions<\/p>
2010 446<\/p>
2011 442<\/p>
2012 462<\/p>
2013 457<\/p>
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Once a transfer direction has been issued, it is the Secretary of State\u2019s expectation that the prisoner is always transferred to hospital within 14 days.<\/p>
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However, there may be exceptional circumstances in which the transfer does not take place or is delayed. Such circumstances may include:-<\/p>
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· 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);<\/p>
· other court proceedings may intervene, with a new court order superseding the transfer direction<\/p>
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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.<\/p>
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Table Two<\/p>
Year Total of Directions Issued<\/p>
2010 451<\/p>
2011 444<\/p>
2012 458<\/p>
2013 463<\/p>
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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.<\/p>
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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.<\/p>
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Notes<\/p>
1. Table One - These figures include those admitted more than once in the year<\/p>