Clause 25 - Physical or mental condition

Part of Extradition Bill – in a Public Bill Committee at 10:15 am on 14th January 2003.

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Photo of Bob Ainsworth Bob Ainsworth The Parliamentary Under-Secretary of State for the Home Department 10:15 am, 14th January 2003

The hon. Gentleman said that this was a probing amendment. I do not think that there is any disagreement between us, so I shall do what he asked and place something on the record, so that hon. Members and anyone else following our proceedings can examine whether anything needs to be added to the Bill.

I think that the hon. Gentleman and I agree that there needs to be some way of detaining those who pose a risk to the public because of their mental condition. However, no amendment to the Bill is necessary. A person can be detained for assessment under section 2 of the Mental Health Act 1983 if he meets the conditions in subsection (2): he is suffering from mental disorder of a nature or degree that warrants the detention of the patient in a hospital for assessment, or for assessment followed by medical treatment, for at least a limited period; and he ought to be so detained in the interests of his own health or safety, or with a view to protecting other persons. He cannot be detained for more than 28 days under that provision, but he can be detained indefinitely for treatment under section 3 of the 1983 Act.

I believe that those provisions would be available to the judge at the relevant time, so that he had the power to do what the hon. Gentleman asks.