Anti-social Behaviour, Crime and Policing Act 2014

Remand for medical examination and report E+W

5 (1) This paragraph applies where— E+W

(a) the judge or the court has reason to think that a medical report will be needed, and

(b) the judge or the court remands the person in order to enable a medical examination to take place and a report to be made.

(2) If (in the case of a person aged 18 or over) the person is remanded in custody, the adjournment may not be for more than 3 weeks at a time.

(3) If the person is remanded on bail, the adjournment may not be for more than 4 weeks at a time.

Commencement Information

I1 Sch. 1 para. 5 in force at 23.3.2015 by S.I. 2015/373, art. 4(c)

6 (1) If the judge or the court— E+W

(a) is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the person is suffering from mental disorder, and

(b) is of the opinion that it would be impracticable for a report on the person's mental condition to be made if he or she were remanded on bail,

the judge or the court may remand the person to a hospital or registered establishment specified by the judge or the court for such a report to be made.

(2) In sub-paragraph (1)—

• “hospital” has the meaning given by section 145(1) of the Mental Health Act 1983;

• “mental disorder” has the meaning given by section 1 of that Act (reading subsection (2B) of that section as if it included a reference to sub-paragraph (1) above);

• “registered establishment” has the meaning given by 34(1) of that Act.

(3) Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for the purposes of sub-paragraph (1) with any necessary modifications (in particular, with references to the accused person being read as references to the person mentioned in that sub-paragraph, and references to the court being read as references to the judge or the court).

Commencement Information

I2 Sch. 1 para. 6 in force at 23.3.2015 by S.I. 2015/373, art. 4(c)