SCHEDULES

SCHEDULE 1Remands under sections 9 and 10

Remand for medical examination and report

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1

If the judge or the court—

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).