Act of Adjournal (Criminal Procedure Rules) 1996

CHAPTER 7 MENTAL DISORDER

Application for interim hospital orders

7.1.—(1) Where the court has made or renewed an interim hospital order under section 53 of the Act of 1995 and the responsible medical officer has intimated to the prosecutor that—

(a) he seeks a continuation of the order, or

(b) he seeks termination of the order before the date on which it would otherwise cease to have effect,

the prosecutor shall make an application in Form 7.1-A, to the court which made the order, to renew or terminate the order, as the case may be.

(2) Where an application is made under paragraph (1)—

(a) the court shall, by interlocutor in Form 7.1-B, appoint a diet for hearing the application and, where appropriate, grant warrant to authorised officers of the hospital, or officers of law, to bring the offender from the hospital to the court for that diet; and

(b) the clerk of court shall intimate the application and the diet to the offender or his solicitor.

(3) Where, in an application under paragraph (1)(a), the court renews an interim hospital order before the date on which the order would otherwise cease to have effect, the period of renewal shall commence from the date on which the order would otherwise cease to have effect.

(4) Where the court makes an order to renew or terminate an interim hospital order, before the date on which it would otherwise cease to have effect, the adjourned diet fixed when the previous order of the court was made shall be treated as being discharged.