535Making a secure treatment order

535 Making a secure treatment order

(1) The Justice Secretary may make a secure treatment order in relation to a person if—

(a) the person is detained in a prison or other place of confinement; and

(b) the person has been examined by a psychiatrist and the Justice Secretary is satisfied by the production of the psychiatrist's report and any other evidence that the following criteria apply to the person—

(i) the person has mental illness;

(ii) because the person has mental illness, the person needs immediate treatment to prevent—

(A) serious deterioration in the person's mental or physical health; or

(B) serious harm to the person or to another person; and

(iii) the immediate treatment will be provided to the person if the person is made subject to a secure treatment order;

(iv) there is no less restrictive means reasonably available to enable the person to receive the immediate treatment; and

(c) the Justice Secretary has received a report from the authorised psychiatrist for the designated mental health service to which it is proposed that the person be transported—

(i) recommending the making of the secure treatment order; and

(ii) stating that there are facilities or services available at the designated mental health service for the detention and treatment of the person.

(2) Subsection (1) does not apply to a person who is subject to a court secure treatment order and is detained in a prison or other place of confinement.

(3) As soon as practicable after the Justice Secretary makes a secure treatment order in relation to a person, the Justice Secretary must ensure that reasonable steps are taken to inform the person of the order and to explain its purpose and effect.