Part IPowers of Courts to deal with Offenders
Custodial sentences
4Additional requirements in the case of mentally disordered offenders
1
Subject to subsection (2) below, in any case where section 3(1) above applies and the offender is or appears to be mentally disordered, the court shall obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
2
Subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
3
Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court shall consider—
a
any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise); and
b
the likely effect of such a sentence on that condition and on any treatment which may be available for it.
4
No custodial sentence which is passed in a case to which subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
a
shall obtain a medical report if none was obtained by the court below; and
b
shall consider any such report obtained by it or by that court.
5
In this section—
“duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the [1983 c. 20.] Mental Health Act 1983 (“the 1983 Act”) by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder;
“medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is duly approved.
6
Nothing in this section shall be taken as prejudicing the generality of section 3 above.