§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department (1) how many people were committed to hospital from prison under section 37 of the Mental Health Act 1983 and 1984; how many returned to prison; and how many of those stayed in prison until release;
(2) if he is satisfied with the current situation regarding persons committed to hospital under section 37 of the Mental Health Act who are kept instead in prison; and if he will make a statement.
§ Mr. MellorI assume that the hon. member is referring to the number of people detained in prison on remand pending trial or sentence in respect of whom the courts make hospital orders, and the number who are subsequently detained in prison as a place of safety under section 37(4) of the Mental Health Act 1983 pending admission to hospital.
In 1983 a total of 766 prisoners were admitted to hospital in pursuance of a hospital order, and 532 prisoners were removed to hospital after detention under the provisions of section 37(4). The corresponding figures for 1984 are not yet available.
Under section 37(4) a court may make a hospital order only if it is satisfied on the evidence of the doctor who would be in charge of the patient's treatment or of some other person representing the managers of the hospital that a place will be available within 28 days of the making of the order. Accordingly it is now very rare for there to be difficulties about the admission to hospital of a patient held in prison as a place of safety.
Prisons are required to notify the Home Office of any case where it appears that the 28-day period may expire without the hospital place becoming available: in no case so reported recently has a prisoner had to be released because a place could not be made available for him within the statutory 28-day period.