Skip to main content

Mentally Disordered Offenders

Volume 456: debated on Friday 2 February 2007

To ask the Secretary of State for the Home Department what definition he uses of a mentally disordered offender. (117805)

Mentally disordered offender is not a term with any statutory meaning, but the Home Office uses it to denote anyone convicted of an offence (or disposed of by the court following a finding under the Criminal Procedure (Insanity) Act 1964) and then dealt with under powers in Part III of the Mental Health Act 1983.

Clause 29 of The UK Borders Bill, introduced on 26 January, creates a number of exceptions to the automatic deportation procedure for foreign criminals. One of these, Exception 5, is where certain provisions of the Mental Health Act 1983 or corresponding legislation in Scotland or Northern Ireland apply (the foreign criminal is a “mentally disordered offender”). This is because we think it is right that full consideration is given on a case by case basis to the complex issues surrounding the deportation of people falling within this category rather than deportation being automatic.