Armed Forces Act 2006

Hospital orders

1 For the purposes of section 169(2)(a) of this Act, section 37 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) has effect as if—

(a) for subsection (1) there were substituted—

“(1) Where—

(a) section 169 of the Armed Forces Act 2006 applies,

(b) the offence to which the finding relates is an offence punishable with imprisonment, and

(c) the conditions in subsection (2) below are satisfied,

the court may by order authorise the defendant’s admission to and detention in such hospital as may be specified in the order.”;

(b) subsections (1A), (1B), (3), (5), (6) and (8) were omitted;

(c) in subsection (2)(a) there were omitted—

(i) the word “either” before sub-paragraph (i);

(ii) the word “or” at the end of that sub-paragraph; and

(iii) sub-paragraph (ii) (but not the word “and” at the end of it);

(d) for subsection (4) there were substituted—

“(4) Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”), it shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.”;

(e) in subsection (7) the reference to a guardianship order were omitted; and

(f) any reference to the offender were to the defendant (the reference in subsection (2)(b) to the offence being construed accordingly).