Plan to extend mental health capacity legislation

The consultation, in advance of a proposed single legislative bill with the Department of Health, Social Services and Public Safety, seeks to bring the criminal justice system into line with recommendations from the Bamford Review of 2007.

Bamford concluded that legislation to enhance protections for those lacking sufficient mental capacity to make certain decisions should apply to all in society including those subject to the criminal justice system.

The consultation, which runs until 12 October 2012 seeks comment on:

· Whether particular arrangements will be required for people subject to the criminal justice system;

· how existing court powers in relation to compulsory mental health assessment and treatment and transfer to and from prison and hospital should operate in the context of a mental capacity-based approach; and

· the principles, assessments and safeguards to be set out in the legislation.

David Ford said: “I fully endorse the approach taken by David Bamford and the Review Team, and I am now publishing my proposals as to how that might be achieved within the criminal justice system.

“I have worked closely with Health Minister Edwin Poots on the development of new legislation that would apply in both the health and justice fields and we believe a single, combined Bill is the best way forward.

“A combined approach would see improved standards and provisions for all in society and would provide a single and consistent legislative source for professionals in both fields.

“Subject to the outcome of this consultation, our intention is to prepare a single Bill for the consideration of the Assembly.”