Schedule 1
Criminal Justice and Immigration Bill
6:15 pm
Edward Garnier (Shadow Minister, Justice; Harborough, Conservative)
I have a brief question, following on from the hon. Member for Cambridge’s remarks in support of the amendment.
A moment ago we were discussing the willingness of a child or a minor to agree to certain forms of treatment. I would like to ask the Minister to clarify whether, in the event that a mental health treatment requirement is thought to be appropriate by the magistrates or the court and there is available hospital or non-residential space to carry out the treatment, but the defendant refuses or is unwilling to comply, the only alternative is to section the person and detain him compulsorily, or will he be sent into custody?
It seems that we have to anticipate people being unwilling and, therefore, what do we do when they are unwilling, because the Government are building into the system a requirement that they should be willing? Certainly, many of the people whom I have had to sentence in 10 years as a recorder have not always been very willing.