Part III Patients concerned in Criminal Proceedings etc.

Mental condition of persons accused of murder

34 Amendments of Bail Act 1976 etc.

C11

The M1Bail Act 1976 shall be amended in accordance with subsections (2) to (4) below.

C12

After subsection (6) of section 3 (conditions of bail) there shall be inserted—

6A

In the case of a person accused of murder the court granting bail shall, unless it considers that satisfactory reports on his mental condition have already been obtained, impose conditions of bail—

a

a requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared ; and

b

a requirement that he shall for that purpose attend such an institution or place as the court directs and comply with any other directions which may be given to him for that purpose by either of those practitioners.

6B

Of the medical pracititioners referred to in subsection (6A) above at lease ine shall be a pracititioner approved for the purpose of section 28 of the Mental Health Act 1959.

C13

In subsection (7) of that section (obligations of parent or guardian in respect of conditions of bail) for the words “subsection (6) above” there shall be substituted the words “ subsection (6) or (6A) above ”.

C14

In paragraph 8(3) of Schedule 1 (exceptions from restriction of conditions of bail) after the words “shall not” there shall be inserted the words “ apply to the conditions required to be imposed under section 3(6A) of this Act or ”.

5

F1...M2F1... the Crown Court may order the payment out of central funds of such sums as appear to it reasonably sufficient to compensate any medical practitioner for the expenses, trouble or loss of time properly incurred by him in preparing and making a report to the court on the mental condition of a person accused of murder.