Armed Forces Act 2006

Prosecution of Offences Act 1985 (c. 23)

107 In section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances)—

(a) in subsection (3)(c)(ii) for the words from “to which” to the end substitute “within subsection (3B) below;”;

(b) after subsection (3A) insert—

“(3B) A request is within this subsection if—

(a) it is a request to a registered medical practitioner to make a written or oral report on the medical condition of an offender or defendant; and

(b) it is made by a court—

(i) for the purpose of determining whether or not to include in a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) a mental health treatment requirement under section 207 of that Act or make an order under section 37 of the Mental Health Act 1983 (hospital orders and guardianship orders) or otherwise for the purpose of determining the most suitable method of dealing with an offender; or

(ii) in exercise of the powers conferred by section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand of a defendant for medical examination).”