SCHEDULES

SCHEDULE 3Allocation of cases triable either way, and sending cases to the Crown Court etc

Part 2minor and consequential amendments

Mental Health Act 1983 (c. 20)

I155

1

The Mental Health Act 1983 is amended as follows.

2

In section 43 (power of magistrates' court to commit for restriction order), for subsection (4) there is substituted—

4

The powers of a magistrates' court under section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender’s case with a restriction order.

3

In section 52 (further provisions as to persons remanded by magistrates' courts)—

a

in subsection (2), for “committed” there is substituted “ sent ”,

b

in subsection (5), for “committed” there is substituted “ sent ”,

c

in subsection (6), for “committed” there is substituted “ sent ”, and

d

in subsection (7), for the words from “inquire” to “1980” there is substituted “ send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 ”, and in paragraph (b) of that subsection, the words “where the court proceeds under subsection (1) of that section” are omitted.