(1)Where—
(a)a person is detained in pursuance of a hospital order which the Court Martial had power to make by virtue of section 169(1)(a),
(b)the court also made a restriction order, and
(c)the restriction order has not ceased to have effect,
the Secretary of State, if satisfied after consultation with [F1the responsible clinician] that the person can properly be tried, may remit the person for trial by the Court Martial.
(2)A person remitted under this section must be transferred to service custody, but when he is so transferred—
(a)he must as soon as practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody; and
(b)on that review he is to be dealt with as on a review under section 108(1) (see section 108(4) to (8)).
(3)On the transfer of a person to service custody under this section the hospital order and restriction order cease to have effect.
(4)In this section—
“hospital order” and “restriction order” have the same meanings as in section 169;
[F2“the responsible clinician” means the responsible clinician within the meaning of Part 3 of the Mental Health Act 1983.]
(5)In subsection (1)(a) the reference to a hospital order as there mentioned includes a reference to—
(a)a hospital order made by virtue of section 16(1)(b) or 22(3A) of the Court Martial Appeals Act 1968 (c. 20);
(b)a hospital order made by virtue of section 25B(1) of that Act in a case in which a finding within section 169(1)(a) of this Act was made by the Court Martial.
Textual Amendments
F1Words in s. 171(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 15(5)(a), 56(1); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F2Words in s. 171(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 15(5)(b), 56(1); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
Commencement Information
I1S. 171 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)