Mental Capacity Act (Northern Ireland) 2016

Prospective

11—(1) Section 36 (detention of defendant pending appeal by the Crown) is amended as follows. N.I.

(2) In subsection (3)—

(a) for “the Mental Health Order (otherwise than under Article 42, 43 or 45 of that Order)” substitute “ Part 10 of the Mental Capacity Act (except an order under section 162 of that Act or an interim detention order) ”;

(b) for the second “that Order” substitute “ that Act ”;

(c) for “renewal of authority for detention” substitute “ extension of the period of an order ”;

(d) for “patients” substitute “ persons ”.

(3) In subsection (3A)—

(a) for the words from “Article 43” to “Article 45 of that Order” substitute “ section 162 of the Mental Capacity Act or an interim detention order ”;

(b) in paragraph (b)—

(i) for “Part III of the Mental Health Order” substitute “ Part 10 of that Act ”;

(ii) for “transfer direction together with a restriction direction” substitute “ direction under section 220 of that Act ”;

(c) in paragraph (c)—

(i) for the first “interim hospital order” substitute “ interim detention order ”;

(ii) for the words from “paragraph (2)” to the end substitute “ section 178(6) of that Act (power of court to make public protection order in absence of person subject to an interim detention order) applies as if the defendant were still subject to an interim detention order. ”.