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The Magistrates' Courts Rules 1981

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Committal to Crown Court for order restricting discharge, etc.E+W

18.  Where a magistrates' court commits an offender to the Crown Court either—

(a)under section 67(1) of the Mental Health Act 1959 with a view to the making of a hospital order with an order restricting his discharge; or

(b)under section 38 of the Act of 1980, as modified by subsection (4) of the said section 67, with a view to the passing of a more severe sentence than the magistrates' court has power to inflict if such an order is not made,

the clerk of the court shall send to the appropriate officer of the Crown Court—

(i)the copies, documents and articles specified in rule 17;

(ii)any written evidence about the offender given by a medical practitioner under section 60(1)(a) of the Mental Health Act 1959 or a copy of a note of any oral evidence so given;

(iii)the name and address of the hospital the managers of which have agreed to admit the offender if a hospital order is made; and

(iv)if the offender has been admitted to a hospital under section 68 of that Act, the name and address of that hospital.

Commencement Information

I1Rule 18 in operation on 6.7.1981, see rule 1(1)

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