§ Ms LynneTo ask the Secretary of State for the Home Department on how many occasions during the past five years he has exercised his power of recall under section 42 of the Mental Health Act 1983 in respect of a person who was at time of recall a sentenced prisoner detained in prison.
§ Mr. MacleanThe total number of conditionally discharged patients recalled under section 42 of the Mental Health Act 1983 in the last five years for which the information is available is as follows:
Year Number 1987 40 1988 43 1989 36 1990 41 1991 56 Information as to the number of these who were serving a sentence of imprisonment at the time is not separately recorded and could be obtained only at disproportionate cost.
§ Ms LynneTo ask the Secretary of State for the Home Department on how many occasions in the last five years he has used his power under section 50(1)(b) of the Mental Health Act 1983 to release on licence or discharge under supervision a prisoner who has been the subject of a transfer direction and a restriction direction.
§ Mr. MacleanI regret that this information can be obtained only at disproportionate cost.
§ Ms LynneTo ask the Secretary of State for the Home Department what procedural arrangements his Department requires to be complied with before he will use his power under section 50(1)(b) of the Mental Health Act 1983 to release on licence or discharge under supervision in the case of a person considered fit to leave treatment in hospital and suitable for release or discharge.
§ Mr. MacleanThe power to discharge a patient under section 50(1)(b) of the Mental Health Act 1983 can be used to discharge, on life licence, a life sentence prisoner who has been transferred to hospital during the course of his sentence. In such a case, if the patient's responsible medical officer or a mental health review tribunal have recommended that the patient be discharged, the practice has been to consult the Lord Chief Justice and the trial judge, if available, about the length of time for which the patient should be detained in order to satisfy requirements of retribution and deterrence. In any case in which that period has already been served, the views of the parole board would be sought about the discharge recommendation. If the parole board supported the proposed discharge, consideration would then be given as to whether in all the circumstances of the case, it would be appropriate for the patient to be discharged on life licence. In any case in which the decision was taken not to discharge such a300W patient, and it was not considered appropriate for that patient to remain in hospital, the patient would be returned to prison in order to continue to serve the life sentence.
Consideration is presently being given to what procedures will apply in the case of discretionary life sentence prisoners who have been, or will be, transferred to hospital, and who will benefit from the new arrangements governing their release contained in part II of the Criminal Justice Act 1991.