An individual is awaiting a bed at a psychiatric hospital however a bed has not been made available anywhere on the country.
The judge has had a report from doctor stating he is unwell and needs a bed but it has now been two years and a bed has and will not be made.
How long can the person who is in prison be detained within a prison rather than a hospital?
Is this lawful or unlawful?
Yes, a delay like that could potentially be unlawful. There was a breach of the ECHR in Rooman v Belgium 18052/11 [2019] ECHR 105 in the absence of psychiatric treatment (though I have to admit I still haven’t read that judgment). Here’s a report you could use a starting point: HM Inspectorate of Prisons, ‘The long wait: A thematic review of delays in the transfer of mentally unwell prisoners’ (February 2024).