Commentary on Sections Part 10 – Criminal Justice Chapter 7 – Transfer from Prison Etc to Hospital Section 212 - Conditions for transfer under section 211
This section makes provision for the conditions that must be met for transferring a person to hospital under section 211. The Department of Justice must be satisfied, based on medical evidence, that the person has a disorder which requires treatment and that failure to provide that treatment on the basis of in-patient care would be more likely than not to result in serious physical or psychological harm to the person, or serious physical harm to other people. The Department of Justice also has to be satisfied on the medial evidence that treatment that is appropriate for the person has to be available in the hospital that he or she will be transferred to. Additionally, the Department of Justice also has to consider that giving a direction to transfer a person to hospital is appropriate, having regard to: the public interest; all the circumstances of the case; the ways in which the person could otherwise become an in-patient if a direction was not given; and how likely it is that consent will be obtained for treatment, treatment can be given to the person under Part 2 of the Act or if the person is under 16 years of age, the Mental Health Order.