Criminal Justice Act 2003

Mental Health Act 1983 (c. 20) E+W

37 E+W The Mental Health Act 1983 is amended as follows.

Commencement Information

I1 Sch. 32 para. 37 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(18) (subject to art. 2(2), Sch. 2)

38 E+W In section 37 (powers of courts to order hospital admission or guardianship)—

(a) in subsection (1), the words “or falls to be imposed under section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are omitted,

(b) for subsections (1A) and (1B) there is substituted —

“(1A) In the case of an offence the sentence for which would otherwise fall to be imposed—

(a) under section 51A(2) of the Firearms Act 1968,

(b) under section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000, or

(c) under any of sections 225 to 228 of the Criminal Justice Act 2003,

nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.

(1B) References in subsection (1A) above to a sentence falling to be imposed under any of the provisions mentioned in that subsection are to be read in accordance with section 305(4) of the Criminal Justice Act 2003.”

(c) in subsection (8), for “probation order” there is substituted “ community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.

Commencement Information

I2 Sch. 32 para. 38 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(18) (subject to art. 2(2), Sch. 2)

39 E+W In section 45A (powers of higher courts to direct hospital admission), in subsection (1)(b), the words from “except” to “1997” are omitted.

Commencement Information

I3 Sch. 32 para. 39 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(18) (subject to art. 2(2), Sch. 2)