[F163BOrders under the Mental Health ActF2U.K.
(1)In relation to the making of an order by virtue of subsection (2)(a) of section 63A above, section 37 (hospital orders etc) of the Mental Health Act 1983 (“the 1983 Act”) shall have effect as if—
(a)the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 63A above applies;
(b)the words after “punishable with imprisonment” and before “or is convicted” were omitted; and
(c)for subsections (4) and (5) 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.”
(2)In relation to a case where section 63A above applies but the court has not yet made one of the disposals mentioned in subsection (2) of that section—
(a)section 35 of the 1983 Act (remand to hospital for report on accused’s mental condition) shall have effect with the omission of the words after paragraph (b) in subsection (3);
(b)section 36 of that Act (remand of accused person to hospital for treatment) shall have effect with the omission of the words “(other than an offence the sentence for which is fixed by law)” in subsection (2);
(c)references in sections 35 and 36 of that Act to an accused person shall be construed as including a person in whose case this subsection applies; and
(d)section 38 of that Act (interim hospital orders) shall have effect as if—
(i)the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 63A above applies; and
(ii)the words “(other than an offence the sentence for which is fixed by law)” in that subsection were omitted.
(3)In relation to the making of any order under the 1983 Act by virtue of this Act, that Act shall apply—
(a)as if references to the Crown Court were references to a court-martial;
(b)as if references to an offender were references to a person in whose case section 63A above applies (references to an offence being construed accordingly); and
(c)with such further modifications as may be prescribed.
(4)The Secretary of State may by regulations make provision with respect to the admission to, detention in, and release from, hospital of any person in respect of whom an order is made under the 1983 Act by virtue of this Act.
Regulations under this subsection may in particular make provision for a person in respect of whom such an order has been made to be conveyed to, and detained in, a place of safety pending his admission to hospital.
(5)Where—
(a)a person is detained in pursuance of a hospital order which the court had power to make by virtue of section 63A(1)(a) above, and
(b)the court also made a restriction order, and that order has not ceased to have effect,
the Secretary of State, if satisfied after consultation with the responsible medical officer that the person can properly be tried, may either remit the person for trial before a court-martial or direct that he be tried before a civil court.
In this subsection “responsible medical officer” means the registered medical practitioner in charge of the person’s treatment.
(6)The Secretary of State may by regulations make provision supplementing subsection (5) above, including in particular—
(a)provision for a person in whose case that subsection applies to be conveyed to a court or place of detention and to be detained in such a place;
(b)provision for the hospital order and the restriction order to cease to have effect at such time as may be prescribed.]
Textual Amendments
F1Ss. 62A-63D and preceding cross-heading substituted (31.3.2005) for s. 63 by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 26, 60, Sch. 3 para. 3; S.I. 2005/579, art. 3(b)
Modifications etc. (not altering text)
C1Ss. 63B-63D applied (with modifications) (31.5.2005) by Courts-Martial (Appeals) Act 1968 (c. 20), s. 16 (as substituted by Domestic Violence, Crime and Victims Act 2004 ss. 26, 60, {Sch. 3 para. 10}); S.I. 2005/579, art. 3
C2Ss. 63B-63D applied (with modifications) (31.5.2005) by Courts-Martial (Appeals) Act 1968 (c. 20), s. 16 (as substituted by Domestic Violence, Crime and Victims Act 2004 ss. 26, 60, {Sch. 3 para. 7}); S.I. 2005/579, art. 3
Textual Amendments applied to the whole legislation
F2Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions