Hospital
and guardianship orders
49.1
Remand by magistrates’ court for medical inquiries
On
exercising the powers conferred by section 11 of the Powers of Criminal
Courts (Sentencing) Act 2000 ( (1)) a magistrates’ court shall—
(a)
where the accused is remanded in custody, send to the institution
or place to which he is committed; or
(b) where the accused is remanded on bail, send to the institution
or place at which, or the person by whom, he is to be examined, a
statement of the reasons why the court is of opinion that an inquiry
ought to be made into his physical or mental condition and of any
information before the court about his physical or mental condition.
Formerly
rule 24 of the Magistrates’ Courts Rules 1981 ( (2)).
49.2
Hospital or guardianship order imposed by a magistrates’ court
(1)
The magistrates’ court by which a hospital order is made under
section 37 of the Mental Health Act 1983 ( (3)) shall send to the hospital
named in the order such information in the possession of the court as
it considers likely to be of assistance in dealing with the patient
to whom the order relates, and in particular such information about
the mental condition, character and antecedents of the patient and the
nature of the offence.
(2)
The magistrates’ court by which a guardianship order is made under
section 37 of the 1983 Act shall send to the local health authority
named therein as guardian or, as the case may be, the local health authority
for the area in which the person so named resides, such information
in the possession of the court as it considers likely to be of assistance
in dealing with the patient to whom the order relates and in particular
such information about the mental condition, character and antecedents
of the patient and the nature of the offence.
(3)
The magistrates’ court by which an offender is ordered to be admitted
to hospital under section 44 of the 1983 Act shall send to the hospital
such information in the possession of the court as it considers likely
to assist in the treatment of the offender until his case is dealt with
by the Crown Court.
Formerly
rule 31 of the Magistrates’ Court Rules 1981.
