Sentencing Act 2020

Mental Health Act 1983 (c. 20)

73 (1) Section 37 of the Mental Health Act 1983 is amended as follows.

(2) In subsection (1A), for the words from “imposed” to “nothing” substitute “imposed under section 258, 273, 274, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing”.

(3) For subsection (1B) substitute—

“(1B) For the purposes of subsection (1A) above—

(a) a sentence falls to be imposed under section 258 of the Sentencing Code if the court is obliged by that section to pass a sentence of detention for life under section 250 of that Code;

(b) a sentence falls to be imposed under section 273 or 274 of that Code if the court is obliged by that section to pass a sentence of custody for life;

(c) a sentence falls to be imposed under section 283 or 285 of that Code if the court is obliged by that section to pass a sentence of imprisonment for life;

(d) a sentence falls to be imposed under Chapter 7 of Part 10 of that Code if it is required by section 311(2), 312(2), 313(2), 314(2) or 315(2) of that Code and the court is not of the opinion there mentioned.”

(4) In subsection (8)(a)—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “the meaning given by section 200 of the Sentencing Code”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “the meaning given by section 173 of that Code”.

(5) In subsection (8)(b), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “the meaning given by section 83 of that Code”.

(6) In subsection (8)(c), for “section 150 of that Act” substitute “section 376 of that Code”.