Criminal Justice and Immigration Act 2008

Interim hospital orders E+W

7 E+W The following provisions (which relate to the effect of interim hospital orders made by the Court of Appeal) are omitted—

(a) section 6(5) and the definition of interim hospital order in section 6(7),

(b) section 11(6),

(c) section 14(5) and the definition of interim hospital order in section 14(7), and

(d) section 16B(3).

Commencement Information

I1 Sch. 8 para. 7 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

8 E+W Before section 31 (but after the cross-heading preceding it) insert—

“30A Effect of interim hospital orders

(1) This section applies where the Court of Appeal—

(a) make an interim hospital order by virtue of any provision of this Part, or

(b) renew an interim hospital order so made.

(2) The court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.”

Commencement Information

I2 Sch. 8 para. 8 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

9 E+W In section 31 (powers of Court which are exercisable by single judge) after subsection (2) insert—

“(2ZA) The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.”

Commencement Information

I3 Sch. 8 para. 9 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)