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Family Law Act 1996
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Family Law Act 1996, Section 48 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 63(2)(k) inserted by 2021 c. 17 s. 52(2)
48 Remand for medical examination and report.E+W
(1)If the relevant judicial authority has reason to consider that a medical report will be required, any power to remand a person under section 47(7)(b) or (10) may be exercised for the purpose of enabling a medical examination and report to be made.
(2)If such a power is so exercised, the adjournment must not be for more than 4 weeks at a time unless the relevant judicial authority remands the accused in custody.
(3)If the relevant judicial authority so remands the accused, the adjournment must not be for more than 3 weeks at a time.
(4)If there is reason to suspect that a person who has been arrested—
(a)under section 47(6), or
(b)under a warrant issued on an application made under section 47(8),
is suffering from [F1mental disorder within the meaning of the Mental Health Act 1983], the relevant judicial authority has the same power to make an order under section 35 of [F2that Act](remand for report on accused’s mental condition) as the Crown Court has under [F3that section] in the case of an accused person within the meaning of that section.
Textual Amendments
F1Words in s. 48(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1(4), 56(1), Sch. 1 para. 20(2)(a); S.I. 2008/1900, arts. 1(1), 2(a) (with art. 3, Sch.)
F2Words in s. 48(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1(4), 56(1), Sch. 1 para. 20(2)(b); S.I. 2008/1900, arts. 1(1), 2(a) (with art. 3, Sch.)
F3Words in s. 48(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1(4), 56(1), Sch. 1 para. 20(2)(c); S.I. 2008/1900, arts. 1(1), 2(a) (with art. 3, Sch.)
Modifications etc. (not altering text)
C1S. 48 extended (1.10.1997) by 1989 c. 41, ss. 38A, 38B (as inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para. 1 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3)
S. 48 extended (1.10.1998) by 1989 c. 41, ss. 44A, 44B (as inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para. 3 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3)
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