PART 43COMMITTAL TO THE CROWN COURT FOR SENTENCE

Committal to Crown Court for order restricting discharge, etc43.2

Where a magistrates' court commits an offender to the Crown Court either—

a

under section 43 of the Mental Health Act 1983311 with a view to the making of a hospital order with an order restricting his discharge; or

b

under section 3 of the Powers of Criminal Courts (Sentencing) Act 2000, as modified by section 43(4) of the 1983 Act, with a view to the passing of a more severe sentence than the magistrates' court has power to inflict if such an order is not made,

The magistrates' court officer shall send to the Crown Court officer—

i

the copies, documents and articles specified in rule 43.1,

ii

any written evidence about the offender given by a medical practitioner under section 37 of the 1983 Act312 or a copy of a note of any oral evidence so given,

iii

the name and address of the hospital the managers of which have agreed to admit the offender if a hospital order is made, and

iv

if the offender has been admitted to a hospital under section 37 of the 1983 Act, the name and address of that hospital.

[Note. Formerly rule 18 of the Magistrates' Courts Rules 1981.]