Mental Health (Amendment) Act 1982

PART IU.K.

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M1The Army Act 1955U.K.

27U.K.In section 116(7)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;

(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

M2The Air Force Act 1955E+W

28E+WIn section 116(7)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

M3The Sexual Offences Act 1956U.K.

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M4The Naval Discipline Act 1957U.K.

30U.K.In section 71(6)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;

(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

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M5The Administration of Justice Act 1960U.K.

32U.K.In section 5—

(a)after subsection (4) there shall be inserted—

“(4A)Where an order is made under the said subsection (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982, the order may, if the court thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—

(a)subsection (3) of this section shall not apply to the order ;

(b)Part V of the said Act of 1959 shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and

(c)if the defendant is detained by virtue of this subsection and the appeal to the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.” ;

(b)in subsection (5) for the words “subsection (3) or subsection (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.

M6The Criminal Procedure (Insanity) Act 1964U.K.

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M7The Sexual Offences Act 1967U.K.

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M8The Criminal Justice Act 1967U.K.

35U.K.In section 72—

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(b)in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.

M9The Criminal Appeal Act 1968U.K.

36U.K.In section 8 after subsection (3) there shall be inserted—

“(3A)If the person ordered to be retired was, immediately before the determination of his appeal, liable to be detained in pursuance of a remand under section 30 of the Mental Health (Amendment) Act 1982 or an interim hospital order under section 31 of that Act, the Court of Appeal may, if they think fit, order that he shall continue to be edtained in a hospital or mental nursing home, and in that event Part V of the Mental Health Act 1959 shall apply as if he had been ordered under this section to kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.”

37U.K.In section 11 after subsection (4) there shall be inserted—

“(5)The fact that an appeal is pending against an interim hospital order under the Mental Health (Amendment) Act 1982 shall not affect the power of the court below to renew or terminate the order or to deal with the appellant on its termination ; and where the Court of Appeal quash such an order but do not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his beng dealt with by the court below.

(6)Where the Court of Appeal make an interim hospital order by virtue of subsection (3) of this section—

(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not be the Court of Appeal ; and

(b)the court below shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offender) as the court that made the order.”

38U.K.In section 14(2)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

(b)for the words “admitted for observation” there shall be substituted the words “ admitted for assessment ”.

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39U.K.In section 37—

(a)after subsection (4) there shall be inserted—

“(4A)Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under section 30 of the Mental Health (mendment) Act 1983 or an interim hospital order under section 31 of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—

(a)subsection (3) of this section shall not apply to the order ;

(b)Part V of the said Act of 1959 shall apply to him as if he had been ordered under this section to be detained in csutody so llong as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and

(c)if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.” ;

(b)in subsection (5) for the words “subsection (3) or (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.

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41U.K.In Schedule 1—

(a)in paragraph 2 for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ” ;

(b)in paragraph 3 for the word “observation” there shall be substituted the word “ assessment ”.

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M10The Courts-Martial (Appeals) Act 1968U.K.

43U.K.In section 23—

(a)in subsection (2)(a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

(b)in subsection (3) for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

M11The Children and Young Persons Act 1969U.K.

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M12The Costs in Criminal Cases Act 1973U.K.

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M13The Juries Act 1974U.K.

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M14The Rehabilitation of Offenders Act 1974U.K.

49U.K.[F14In section 5(7) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ”.]

M15The Criminal Procedure (Scotland) Act 1975U.K.

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M16The National Health Service Act 1977U.K.

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F1956U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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M17The Contempt of Court Act 1981U.K.

59U.K.In section 14(4)—

(a)after “1959” there shall be inserted the words “ or an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982 ” ;

(b)for the words “severe subnormality” there shall be substituted the words “ severe mental impairment ”.

60U.K.After section 14(4) there shall be inserted—

“(4A)Each of the superior courts shall have the like power to make an order under section 29 of the said Act of 1982 (remand for report on accused’s mental condition) where there is reason to suspect that a person who could be committed to prison for contempt of court is suffering from mental illness or severe mental impairment as the Crown Court has under that section in the case of an accused person within the meaning of that section.”

M18 [F21 Senior Courts Act 1981 ] U.K.

61U.K.In section 48—

(a)in subsection (6)(a) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982 ” ;

(b)after subsection (6) there shall be inserted—

“(7)The fact that an appeal is pending against an interim hospital order under the said Act of 1982 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination ; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court.

(8)Where the Crown Court makes an interim hospital order by virtue of subsection (2)—

(a)the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the Crown Court ; and

(b)that magistrates’ court shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offenders) as the court that made the order.”

M19The Armed Forces Act 1981U.K.

62U.K.In section 1391), (2)(a) and (6)(c) for the word “observation” there shall be substituted the word “ assessment ”.