Part II Trial and punishment of offences

Proceedings of courts-martial

F263E Provisions supplementary to sections 62A to 63D.

1

In this section and sections 62A to 63D above—

  • “the appropriate mental health legislation” means—

    1. a

      in a case where an order is treated as if it had been made by a civil court in England and Wales, the M1Mental Health Act 1983;

    2. b

      in a case where an order is treated as if it had been made by a civil court in Scotland, the M2Mental Health (Scotland) Act 1984 and Part VI of the M3Criminal Procedure (Scotland) Act 1995;

    3. c

      in a case where an order is treated as if it had been made by a civil court in Northern Ireland, the M4Mental Health (Northern Ireland) Order 1986;

  • “duly approved” means—

    1. a

      approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act);

    2. b

      approved for the purposes of section 20 or 39 of the Mental Health (Scotland) Act 1984 by a Health Board as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act); or

    3. c

      appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986 by the Mental Health Commission for Northern Ireland;

  • “prescribed” means prescribed by regulations made by the Secretary of State.

2

For the purposes of the provisions of sections 62A, 63, 63C and 63D of this Act which permit a court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (3) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the court may require the signatory of any such report to be called to give oral evidence.

3

Where, in pursuance of a direction of the court, any such report is tendered in evidence otherwise than by or on behalf of the accused, then—

a

if the accused is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;

b

if the accused is not so represented, the substance of the report shall be disclosed to him; and

c

the accused may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the accused or on his behalf.

4

The power of the Secretary of State to make regulations under sections 63A, 63B, 63C and 63D above, and orders under section 63D(2) above, shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.