Mental Health Act 1983

54 Requirements as to medical evidence. E+W

(1) The registered medical practitioner whose evidence is taken into account under section 35(3)(a) above and at least one of the registered medical practitioners whose evidence is taken into account under sections 36(1), 37(2)(a), 38(1) [F1 45A(2)] and 51(6)(a) above and whose reports are taken into account under sections 47(1) and 48(1) above shall be a practitioner approved for the purposes of section 12 above by the Secretary of State [F2 , or by another person by virtue of section 12ZA or 12ZB above,] as having special experience in the diagnosis or treatment of mental disorder.

[F3 (2) For the purposes of any provision of this Part of this Act under which a court may act on the written evidence of any person, a report in writing purporting to be signed by that person may, subject to the provisions of this section, be received in evidence without proof of the following—

(a) the signature of the person; or

(b) his having the requisite qualifications or approval or authority or being of the requisite description to give the report.

(2A) But the court may require the signatory of any such report to be called to give oral evidence.]

(3) Where, in pursuance of a direction of the court, any such report is tendered in evidence otherwise than by or on behalf of the person who is the subject of the report, then—

(a) if that person is represented by [F4 an authorised person] , a copy of the report shall be given to [F5 that authorised person] ;

(b) if that person is not so represented, the substance of the report shall be disclosed to him or, where he is a child or young person, to his parent or guardian if present in court; and

(c) except where the report relates only to arrangements for his admission to a hospital, that person may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of that person.

Textual Amendments

F1 Words in s. 54 inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4, para. 12(6); S.I. 1997/2200, art. 2

F2 Words in s. 54(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 S. 54(2)(2A) substituted (3.11.2008) for s. 54(2) by Mental Health Act 2007 (c. 12), ss. 11(6), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F4 Words in s. 54(3)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 58(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (subject to arts. 6, 9)

F5 Words in s. 54(3)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 58(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (subject to arts. 6, 9)

Modifications etc. (not altering text)

C1 S. 54(2)(3) extended (30.9.1998) by 1969 c. 54, s. 12B(3) (as inserted by 1998 c. 37, ss. 106, Sch. 7, para. 5(3)); S.I. 1998/2327, art. 2(1)(w) (as amended by S.I. 1998/2412, art. 2 and S.I. 1998/2906, art. 2)

C2 S. 54(2)(3) extended (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 1(2) (with saving in s. 8); S.I. 1991/2488, art. 2

S. 54(2)(3) applied (25.8.2000) by 2000 c. 6, ss. 42, 168(1), Sch. 2 para. 5(9)

S. 54(2)(3) extended (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(3), Sch. 2 para. 2(3) (with saving in s. 8); S.I. 1991/2488, art. 2

S. 54(2)(3) extended (1.10.1992) by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 3(3), Sch. 1A para. 5(9) (as inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(3), 9(2), 101(1), Sch. 1 Pt. II, Sch. 12 para. 1; S.I. 1992/333, art. 2(2), Sch. 2.

C3 S. 54(2)(3) applied (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 1, 153, Sch. 1 para. 20(5); S.I. 2009/3074, art. 2(a)(m)