- Latest available (Revised)
- Point in Time (30/11/2000)
- Original (As enacted)
Version Superseded: 04/04/2005
Point in time view as at 30/11/2000.
Crime (Sentences) Act 1997, Cross Heading: Mental Health Act 1983 (c.20) is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
12(1)In subsection (1) of section 37 of the 1983 Act (powers of courts to order hospital admission or guardianship), after the words “is fixed by law” there shall be inserted the words “ or falls to be imposed under section 2(2) of the Crime Sentences) Act 1997 ”.E+W
(2)After that subsection there shall be inserted the following subsection—
“(1A)In the case of an offence the sentence for which would otherwise fall to be imposed under subsection (2) of section 3 or 4 of the Crime (Sentences) Act 1997, nothing in that subsection shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.”
(3)In subsection (4) of that section, the words “in the event of such an order being made by the court” shall cease to have effect.
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)After subsection (4) of that section there shall be inserted the following subsection—
“(5)The preceding provisions of this section shall have effect as if—
(a)the reference in subsection (1) to a transfer direction and a restriction direction having been given in respect of a person serving a sentence of imprisonment included a reference to a hospital direction and a limitation direction having been given in respect of a person sentenced to imprisonment;
(b)the reference in subsection (2) to a restriction direction included a reference to a limitation direction; and
(c)references in subsections (3) and (4) to a transfer direction included references to a hospital direction.”
(6)In section 54 of that Act (requirements as to medical evidence), after the words “38(1)” there shall be inserted the words “ 45A(2) ”.
(7)In subsection (2) of section 61 of that Act (review of treatment)—
(a)after the words “restriction order” there shall be inserted the words “ , limitation direction ”; and
(b)in paragraph (b), after the words “section 41(6)” there shall be inserted the words “ , 45B(3) ”.
(8)In subsection (2)(b) of section 69 of that Act (applications to tribunals concerning patients subject to hospital and guardianship orders), after the word “section” there shall be inserted “ 45B(2), ”.
(9)In section 70(a) of that Act (applications to tribunals concerning restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.
(10)In subsection (1) of section 74 of that Act (restricted patients), after the words “who is subject to” there shall be inserted the words “ a limitation direction or ”.
(11)In subsection (5) of that section, after the word “above” there shall be inserted the words “ the relevant hospital direction and the limitation direction or, as the case may be, ”.
(12)In subsection (6) of that section, after the words “references to”, in the second place where they occur, there shall be inserted the words “ the hospital direction and the limitation direction or, as the case may be, to ”.
(13)In section 75(1)(b) of that Act (applications and references concerning conditionally discharged restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.
(14)In subsection (1) of section 79 of that Act (interpretation of Part V), after the words “restriction order” there shall be inserted the words “ , limitation direction ”.
(15)In subsection (2) of that section—
(a)after the words “ “the relevant hospital order”” there shall be inserted the words “ , “the relevant hospital direction” ”; and
(b)after the words “the hospital order” there shall be inserted the words “ , the hospital direction ”.
(16)After subsection (3) of section 92 of that Act (interpretation of Part VI) there shall be inserted the following subsections—
“(4)Sections 80 to 85A above shall have effect as if—
(a)any hospital direction under section 45A above were a transfer direction under section 47 above; and
(b)any limitation direction under section 45A above were a restriction direction under section 49 above.
(5)Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.”
(17)In subsection (1) of section 117 of that Act (after-care), after the words “transferred to a hospital in pursuance of” there shall be inserted the words “ a hospital direction made under section 45A above or ”.
(18)In subsection (3) of section 143 of that Act (general provisions as to regulations, orders and rules), after the word “section” there shall be inserted the word “ 45A(10), ”.
(19)In subsection (1) of section 145 of that Act (interpretation)—
(a)after the definition of “hospital” there shall be inserted the following definition—
““hospital direction” has the meaning given in section 45A(3)(a) above;”;
(b)after the definition of “interim hospital order” there shall be inserted the following definition—
““limitation direction” has the meaning given in section 45A(3)(b) above;”.
Textual Amendments
F1Sch. 4 para. 12(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(c), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
Commencement Information
I1Sch. 4 para. 12 partly in force; Sch. 4 para. 12 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 12(1) (and (2) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2; Sch. 4 para. 12(2) in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(e)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: