A lawyer for the families of the children murdered by Southport killer Axel Rudakubana has said his transfer from prison to a secure psychiatric hospital may be an attempt to “manipulate the system”. The killer, who was sentenced to life with a minimum of 52 years for the murders of Alice da Silva Aguiar, 9, Bebe King, 6, and Elsie Dot Stancombe, 7, was moved from HMP Belmarsh to Broadmoor hospital in Berkshire under the Mental Health Act. Prison officers and the victims’ families have accused him of trying to game the system, while the Ministry of Justice insists the transfer was based on an independent clinical assessment. But how does the law allow a convicted mass murderer to be moved to a hospital, and what does it mean for the public and the families?
Under the Mental Health Act, prisoners who present a risk to staff, inmates or themselves because of a mental disorder can be transferred to a secure psychiatric hospital. The decision is made by officials acting for the Justice Secretary, but they must accept the advice of clinical professionals. In Rudakubana’s case, it was concluded that he could not be managed safely in prison. The Prison Officers’ Association said the move was due to a deterioration in his mental health. Notably, before his sentencing, his defence lawyer told the court no psychiatric evidence suggested a mental disorder contributed to his actions, and the judge described him as “evil”. The families’ lawyer, Chris Walker, said they had seen no evidence of a significant mental health disorder and called the move “another attempt to manipulate the system”.
“Why the Southport killer's move to Broadmoor has sparked outrage – and how the law allows prisoners to be moved to psychiatric hospitals.”
The transfer does not change Rudakubana’s sentence – he must serve every day of his 52-year term. But the practical difference is significant. In a hospital, he is treated as a patient, not a prisoner, and has access to more freedoms and benefits. The cost is also far higher: Whitehall sources told the Guardian that patients in secure hospital units cost more than £300,000 per year each, compared with about £60,000 for other prisoners. Broadmoor, the oldest of the UK’s three high-security hospitals, has held notorious criminals including the Yorkshire Ripper and Ronnie Kray, but its regime is focused on treatment, not punishment.
For UK readers, this case highlights a tension in the justice system: how to manage offenders who are both dangerous and mentally ill. The families’ anger reflects a broader public concern that the system can be exploited. Under the Mental Health Act, officials have no choice but to accept clinical advice, which means that if a prisoner’s mental health deteriorates, a transfer can happen even for the most hated offenders. The Ministry of Justice says Rudakubana will remain at Broadmoor until he is assessed fit to return to prison.
Q: What is the Mental Health Act and how does it allow prisoner transfers? The Mental Health Act is the law that governs the compulsory treatment of people with mental disorders in England and Wales. Section 47 allows the transfer of sentenced prisoners to hospital if they are found to have a mental disorder that requires treatment and cannot be safely managed in prison. The decision is based on independent clinical assessments, and officials must approve it on behalf of ministers.
Q: Can Axel Rudakubana ever be moved back to prison? Yes. The Ministry of Justice says he will remain at Broadmoor “until assessed fit to return to prison”. That decision will be made by clinical professionals. His sentence remains unchanged – 52 years – and he must serve every day.
Q: What is Broadmoor Hospital and who else has been held there? Broadmoor, in Berkshire, is one of the UK’s three high-security psychiatric hospitals. It has held some of the country’s most high-profile criminals, including serial killer Peter Sutcliffe (the Yorkshire Ripper) and gangster Ronnie Kray. Patients are treated under the Mental Health Act and are subject to security but also receive therapeutic care.
Next Wednesday marks two years since Rudakubana’s attack on the Taylor Swift-themed dance class in Southport. The families continue to seek more details about the transfer, and there is a possibility of legal challenges or political scrutiny. Justice Minister Jake Richards has spoken about the need to prevent the prison system from collapsing, but this case adds another layer of controversy to the debate about how the UK manages its most dangerous offenders.