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Armed Forces Act 2006

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Changes over time for: Section 258

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Version Superseded: 01/04/2013

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Point in time view as at 08/03/2012. This version of this provision has been superseded. Help about Status

Changes to legislation:

Armed Forces Act 2006, Section 258 is up to date with all changes known to be in force on or before 04 March 2025. 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. Help about Changes to Legislation

258Mentally disordered offenders: requirement for medical reportU.K.
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(1)Subject to subsection (2), before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must obtain and consider a medical report.

(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 for a service offence 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 a 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—

  • custodial sentence” does not include a custodial sentence fixed by law;

  • 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 (c. 20) by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder.

(6)Nothing in this section is to be taken to limit the generality of—

  • section 256 (pre-sentence reports); or

  • section 260(4) (information to be taken into account).

Commencement Information

I1S. 258 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)

I2S. 258 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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