Mental Health (Amendment) Act 1982

The [1981 c. 54.] Supreme Court Act 1981

61 In section 48—

(a) in subsection (6)(a) for the words " an order restricting discharge" there shall be substituted the words " a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982 ";

(b) after subsection (6) there shall be inserted—

“(7) The fact that an appeal is pending against an interim hospital order under the said Act of 1982 shall not affect the power of the magistrates' court that made it to renew or terminate the order or to deal with the appellant on its termination; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates' court.

(8) Where the Crown Court makes an interim hospital order by virtue of subsection (2)—

(a) the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates' court whose decision is appealed against and not by the Crown Court; and

(b) that magistrates' court shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offenders) as the court that made the order.”