§ Mr. Skeetasked the Secretary of State for the Home Department how many prisoners with mental disorders are at present accommodated at Her Majesty's Prison, Bedford; whether it is the practice of the service that local prisons should be expected to handle such cases; for how long; and whether adequate provision has been or is being made for their retention in more specialist accommodation.
§ Mr. Merlyn ReesOn 30th June 1978 there were five prisoners in Bedford prison, all unsentenced, who in the opinion of the medical officer were suffering from mental disorder of a nature or degree warranting their detention in hospital for medical treatment under the Mental Health Act 1959. Under section 60 of the Act the courts have power on convicting such a person to make a hospital order authorising his admission to and detention in hospital for medical treatment.
There is no similar power with respect to a defendant whom the court wishes to remand in custody. A defendant who is mentally disordered and is remanded in custody will normally be detained in a local prison until the court has passed sentence or otherwise disposed of the case. Where his condition makes it necessary, steps may be taken to ensure that he is detained in a local prison which 481W has a full-time medical officer. If such a prisoner is suffering from mental illness or severe subnormality of a nature or degree which warrants his detention in hospital for medical treatment, and his need for specialist care or treatment is so urgent as to justify his immediate removal to a hospital, he may be so transferred on the direction of the Secretary of State under section 73 of the Act.
Under section 72 the Secretary of State has a similar power to direct the transfer to hospital of a sentenced prisoner who is suffering from mental disorder of a nature or degree which warrants his detention in hospital, and this power extends to psychopathic disorder and subnormality as well as mental illness and severe subnormality.
These powers of the courts and the Secretary of State can be exercised only where a suitable hospital is willing to receive the prisoner as a patient. As regards sentenced prisoners who are mentally disordered to a lesser extent or whose admission to hospital cannot be arranged, whether they remain in local prisons will depend upon a number of factors including length of sentence and their suitability for treatment at one of the psychiatric centres which are provided within the prison system. I am considering with my right hon. Friend the Secretary of State for Social Services what improvements can be made in the present arrangements for mentally disordered offenders.