Practice and Procedure

R (on the application of SP) v SECRETARY OF STATE FOR JUSTICE (2010)

PUBLISHED February 12, 2010

[2010] EWHC 1124 (Admin)

A decision of the Secretary of State for Justice to direct the transfer of a prisoner from a prison to a secure hospital pursuant to the Mental Health Act 1983 s.47 was lawful. He could properly infer that appropriate treatment for the prisoner's mental disorder was available at the hospital despite that not being explicitly stated in a medical report.

QBD (Admin) (Burnett J)