157Additional requirements in case of mentally disordered offenderE+W
(1)Subject to subsection (2), in any case where the offender is or appears to be mentally disordered, the court must obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
(2)Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
(3)Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court must consider—
(a)any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise), and
(b)the likely effect of such a sentence on that condition and on any treatment which may be available for it.
(4)No custodial sentence which is passed in a case to which subsection (1) applies is invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
(a)must obtain a medical report if none was obtained by the court below, and
(b)must consider any such report obtained by it or by that court.
(5)In this section “mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983 (c. 20).
(6)In this section “medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State [F1, or by another person by virtue of section 12ZA or 12ZB of that Act,] as having special experience in the diagnosis or treatment of mental disorder.
(7)Nothing in this section is to be taken to limit the generality of section 156.
Textual Amendments
F1Words in s. 157(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(5)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I1S. 157 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)