Regulation 31 Prisoners and detainees

(1)

Subject to paragraph (2), section 87 of the Act (prisoners and detainees) does not apply in respect of the first 28 days of any period during which C is a person to whom that section would otherwise apply.

(2)

Where, on the day on which C’s entitlement to personal independence payment commences, C is a person to whom that section applies, paragraph (1) does not apply to C in respect of any period of consecutive days, beginning with that day, on which C continues to be a person to whom that section applies.

(3)

Section 87 of the Act does not apply to C in respect of any period after the conclusion of criminal proceedings as a result of which C is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless C satisfies either of the conditions set out in paragraph (4).

(4)

The conditions referred to in paragraph (3) are —

(a)

C is -

(i)

detained under section 45A of the Mental Health Act 1983^f1 (power of higher courts to direct hospital admission) or section 47^f2 of that Act (removal to hospital of persons serving sentences of imprisonment, etc); and

(ii)

being detained on or before the day which the Secretary of State has certified to be C’s release date within the meaning of section 50(3) of that Act^f3; or

(b)

C is being detained under-

(i)

section 59A of the Criminal Procedure (Scotland) Act 1995^f4 (hospital direction); or

(ii)

section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003^f5 (transfer of prisoners for treatment of mental disorder).

(5)

For the purposes of this regulation —

(a)

“hospital or similar institution” means any place (not being a prison, a detention centre, a young offenders institution or remand centre and not being at or in any such place) in which persons suffering from mental disorder are or may be received for care or treatment;

(b)

criminal proceedings against any person are deemed to be concluded upon that person being found insane in those proceedings with the effect that that person cannot be tried or the trial of that person cannot proceed.

(6)

Section 87 of the Act does not apply to C where —

(a)

C is undergoing imprisonment or detention in legal custody outside Great Britain; and

(b)

in similar circumstances in Great Britain, C would have been excepted from the application of that section by virtue of the operation of any provision of this regulation.

Annotations

Footnotes

f1: 1983 c.20. Section 45A was inserted by the Crime (Sentences) Act 1997 (c.43), section 46 and amended by the Criminal Justice Act 2003 (c.44), Schedule 32, paragraphs 37 to 39 and Schedule 37, Part 7 and by the Mental Health Act 2007 (c.12), sections 4(1) and (6) and 10(1) and (8) and Schedule 1, paragraphs 1 and 9 and Schedule 11, Part 1.
f2: Section 47 was amended by the Crime (Sentences) Act 1997, section 56(2) and Schedule 6; the Domestic Violence, Crime and Victims Act 2004 (c.28), Schedule 10, paragraph 18; the Armed Forces Act 2006 (c.52), Schedule 16, paragraph 97(1) and (2)(a) and the Mental Health Act 2007, section 4(7) and Schedule 1, paragraphs 1 and 10 and Schedule 11, Part 1.
f3: Section 50(3) was substituted by the Criminal Justice Act 2003, section 294(3).
f4: 1995 c.46, section 59A was substituted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), Schedule 4, paragraph 8(6).
f5: 2003 asp 13.