10Application to offenders detained in hospital or secure facility

1. This section applies to an offender who is detained in, or on leave from, a hospital or secure facility and who is liable to be detained—

2. in the hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under an arrangement under section 46 of that Act; or
3. in the secure facility following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or
4. in the hospital or the secure facility under an order under section 34(1)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

5. An offender to whom this section applies must be treated for the purposes of this Part and Part 1A as if he or she were detained in a prison, and a reference to an offender detained in a prison is a reference to an offender detained in, or on leave from, a hospital or, as the case requires, a secure facility.

6. However, nothing in subsection (2) derogates from any provision that applies specifically to offenders to whom this section applies, and the Board and the chief executive may make special arrangements for such offenders.

7. When an offender to whom this section applies is released under this Part, he or she must be treated in accordance with section 48(3) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or, as the case requires, section 69(3) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.