540Taking person subject to court secure treatment order from prison and transporting to designated mental health service

540 Taking person subject to court secure treatment order from prison and transporting to designated mental health service

(1) The Justice Secretary may make a direction that a person who is subject to a court secure treatment order be taken from a prison or other place of confinement and transported to a designated mental health service.

(2) The Justice Secretary must not make a direction under subsection (1) unless—

(a) 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 criteria for making a court secure treatment order referred to in section 94B(1)(c) of the Sentencing Act 1991 apply to the person; and

(b) 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 direction; and

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

(3) As soon as practicable after the Justice Secretary makes a direction under subsection (1) in relation to a person who is subject to a court secure treatment order, the Justice Secretary must ensure that reasonable steps are taken to inform the person of the direction and to explain its purpose and effect.