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Mental Health Act 1983
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Mental Health Act 1983, Section 45 is up to date with all changes known to be in force on or before 21 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 74(8) inserted by 2015 c. 2 Sch. 3 para. 3(3)
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- s. 74(8) inserted by 2015 c. 2 Sch. 3 para. 3(3)
45 Appeals from magistrates’ courts.E+W
(1)Where on the trial of an information charging a person with an offence a magistrates’ court makes a hospital order or guardianship order in respect of him without convicting him, he shall have the same right of appeal against the order as if it had been made on his conviction; and on any such appeal the Crown Court shall have the same powers as if the appeal had been against both conviction and sentence.
(2)An appeal by a child or young person with respect to whom any such order has been made, whether the appeal is against the order or against the finding upon which the order was made, may be brought by him or by his parent or guardian on his behalf.
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