|
| |
|
(b) | substitutes for those requirements other requirements |
| |
which can be complied with if the supervised person |
| |
ceases to reside in that area. |
| |
Amendment of requirements of order |
| |
11 (1) | Without prejudice to the provisions of paragraph 10 above, but |
| 5 |
subject to sub-paragraph (2) below, a magistrates’ court for the |
| |
local justice area concerned may, on the application of the |
| |
supervised person or the supervising officer, by order amend a |
| |
| |
(a) | by cancelling any of the requirements of the order; or |
| 10 |
(b) | by inserting in the order (either in addition to or in |
| |
substitution for any such requirement) any requirement |
| |
which the court could include if it were the court by which |
| |
the order was made and were then making it. |
| |
(2) | The power of a magistrates’ court under sub-paragraph (1) above |
| 15 |
shall not include power to amend an order by extending the |
| |
period specified in it beyond the end of two years from the day of |
| |
| |
Amendment of requirements in pursuance of medical report |
| |
12 (1) | Where the medical practitioner by whom or under whose |
| 20 |
direction the supervised person is being treated for his mental |
| |
condition in pursuance of any requirement of a supervision |
| |
| |
(a) | is of the opinion mentioned in sub-paragraph (2) below, or |
| |
(b) | is for any reason unwilling to continue to treat or direct the |
| 25 |
treatment of the supervised person, |
| |
| he shall make a report in writing to that effect to the supervising |
| |
officer and that officer shall apply under paragraph 11 above to a |
| |
magistrates’ court for the local justice area concerned for the |
| |
variation or cancellation of the requirement. |
| 30 |
(2) | The opinion referred to in sub-paragraph (1) above is— |
| |
(a) | that the treatment of the supervised person should be |
| |
continued beyond the period specified in the supervision |
| |
| |
(b) | that the supervised person needs different treatment, |
| 35 |
being treatment of a kind to which he could be required to |
| |
submit in pursuance of such an order; |
| |
(c) | that the supervised person is not susceptible to treatment; |
| |
| |
(d) | that the supervised person does not require further |
| 40 |
| |
| |
13 (1) | On the making under paragraph 9 above of an order revoking a |
| |
supervision order, the designated officer for the local justice area |
| |
concerned, or (as the case may be) the Crown Court, shall |
| 45 |
forthwith give copies of the revoking order to the supervising |
| |
| |
|
| |
|
| |
|
(2) | A supervising officer to whom in accordance with sub-paragraph |
| |
(1) above copies of a revoking order are given shall give a copy to |
| |
the supervised person and to the person in charge of any |
| |
institution in which the supervised person is residing. |
| |
14 (1) | On the making under paragraph 10 or 11 above of any order |
| 5 |
amending a supervision order, the designated officer for the local |
| |
justice area concerned shall forthwith— |
| |
(a) | if the order amends the supervision order otherwise than |
| |
by substituting a new area or a new place for the one |
| |
specified in the supervision order, give copies of the |
| 10 |
amending order to the supervising officer; |
| |
(b) | if the order amends the supervision order in the manner |
| |
excepted by paragraph (a) above, send to the designated |
| |
officer for the new local justice area concerned— |
| |
(i) | copies of the amending order; and |
| 15 |
(ii) | such documents and information relating to the |
| |
case as he considers likely to be of assistance to a |
| |
court acting for that area in exercising its functions |
| |
in relation to the order; |
| |
| and in a case falling within paragraph (b) above, the designated |
| 20 |
officer for that area shall give copies of the amending order to the |
| |
| |
(2) | Where the designated officer for the court making the order is also |
| |
the designated officer for the new local justice area— |
| |
(a) | sub-paragraph (1)(b) above does not apply; but |
| 25 |
(b) | the designated officers shall give copies of the amending |
| |
order to the supervising officer. |
| |
(3) | Where in accordance with sub-paragraph (1) or (2) above copies of |
| |
an order are given to the supervising officer, he shall give a copy |
| |
to the supervised person and to the person in charge of any |
| 30 |
institution in which the supervised person is or was residing.” |
| |
| |
| |
Unfitness to stand trial and insanity: courts-martial etc |
| |
Army Act 1955 (3 & 4 Eliz. 2 c. 18) and Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) |
| |
1 | For section 116 of the Army Act 1955 and of the Air Force Act 1955 |
| 35 |
(provisions where accused found insane) substitute— |
| |
“Findings of unfitness to stand trial and insanity |
| |
115A | Fitness to stand trial |
| |
(1) | This section applies where on a trial by court-martial of a person the |
| |
question arises (at the instance of the defence or otherwise) whether |
| 40 |
the accused is fit to stand trial. |
| |
(2) | For the purposes of this Act a person is unfit to stand trial if he is |
| |
under a disability such that apart from the Criminal Procedure |
| |
|
| |
|
| |
|
(Insanity) Act 1964 it would constitute a bar to his being tried on |
| |
indictment in England and Wales. |
| |
(3) | If, having regard to the nature of the supposed disability, the judge |
| |
advocate is of opinion that it is expedient to do so and in the interests |
| |
of the accused, he may postpone consideration of the question of |
| 5 |
fitness to stand trial until any time up to the opening of the case for |
| |
| |
(4) | If, before the question of fitness to stand trial falls to be determined, |
| |
the court finds the accused not guilty on the charge or each of the |
| |
charges on which he is being tried, that question shall not be |
| 10 |
| |
(5) | Subject to subsections (3) and (4) above, the question of fitness to |
| |
stand trial shall be determined as soon as it arises. |
| |
(6) | The question of fitness to stand trial shall be determined by the judge |
| |
| 15 |
(7) | A judge advocate shall not make a determination under subsection |
| |
(6) above except on the written or oral evidence of two or more |
| |
registered medical practitioners at least one of whom is duly |
| |
| |
115B | Finding that the accused did the act or made the omission charged |
| 20 |
(1) | This section applies where in accordance with section 115A(6) above |
| |
it is determined by a judge advocate that the accused is unfit to stand |
| |
| |
(2) | The trial shall not proceed or further proceed but it shall be |
| |
| 25 |
(a) | on the evidence (if any) already given in the trial, and |
| |
(b) | on such evidence as may be adduced or further adduced by |
| |
the prosecution, or adduced by a person appointed by the |
| |
judge advocate under this section to put the case for the |
| |
| 30 |
| whether it is satisfied, as respects the charge or each of the charges |
| |
on which the accused was to be or was being tried, that he did the act |
| |
or made the omission charged against him as the offence. |
| |
(3) | If as respects that charge or any of those charges the court is satisfied |
| |
as mentioned in subsection (2) above, it shall make a finding that the |
| 35 |
accused did the act or made the omission charged against him. |
| |
(4) | If as respects that charge or any of those charges the court is not so |
| |
satisfied, the court shall find the accused not guilty as if on the charge |
| |
in question the trial had proceeded to a conclusion. |
| |
(5) | Where the question of fitness to stand trial was determined after |
| 40 |
arraignment of the accused, the determination under subsection (2) |
| |
above shall be made by the court-martial by whom he was being |
| |
| |
| |
(1) | Where, on the trial of a person by court-martial, the court is satisfied, |
| 45 |
as respects the charge or any of the charges on which he is being |
| |
|
| |
|
| |
|
tried, that the accused did the act or made the omission charged |
| |
against him as the offence but that at the time of that act or omission |
| |
he was insane, the court shall find that the accused was not guilty of |
| |
that offence by reason of insanity. |
| |
(2) | No finding under subsection (1) above shall be made except on the |
| 5 |
written or oral evidence of two or more registered medical |
| |
practitioners at least one of whom is duly approved. |
| |
116A | Powers to deal with person unfit to stand trial or not guilty by reason |
| |
| |
(1) | This section applies where, on a trial of a person by a court-martial— |
| 10 |
(a) | the accused is found to be unfit to stand trial and to have |
| |
done the act or made the omission charged against him; or |
| |
(b) | the accused is found not guilty by reason of insanity. |
| |
(2) | The court shall make in respect of the accused— |
| |
(a) | a hospital order (with or without a restriction order); |
| 15 |
(b) | a supervision order; or |
| |
(c) | an order for his absolute discharge. |
| |
| |
(a) | the offence to which the finding relates is an offence the |
| |
sentence for which is fixed by law, and |
| 20 |
(b) | the court has power to make a hospital order, |
| |
| the court shall make a hospital order with a restriction order |
| |
(whether or not it would have power to make a restriction order |
| |
apart from this subsection). |
| |
(4) | The functions of the court under this section shall be exercised by the |
| 25 |
judge advocate (or, where subsection (5) below applies, the judicial |
| |
officer) sitting alone, and section 95(2) and (3) above shall not apply. |
| |
(5) | Any function of the court under this section exercisable after an |
| |
adjournment or an appeal shall be exercisable by a judicial officer |
| |
| 30 |
(a) | the court ordering the adjournment, or (as the case may be) |
| |
the Courts-Martial Appeal Court, so orders; or |
| |
(b) | the Judge Advocate General so directs. |
| |
| |
| “hospital order” has the meaning given in section 37 of the |
| 35 |
| |
| “restriction order” has the meaning given to it by section 41 of |
| |
| |
| “supervision order” means an order which requires the person |
| |
in respect of whom it is made (“the supervised person”) to be |
| 40 |
under the supervision of a person (“the supervising officer”) |
| |
for a period specified in the order of not more than two years. |
| |
| 116B Orders under the Mental Health Act |
| |
(1) | In relation to the making of an order by virtue of subsection (2)(a) of |
| |
section 116A above, section 37 (hospital orders etc) of the Mental |
| 45 |
Health Act 1983 (“the 1983 Act”) shall have effect as if— |
| |
|
| |
|
| |
|
(a) | the reference in subsection (1) to a person being convicted |
| |
before the Crown Court included a reference to the case |
| |
where section 116A above applies; |
| |
(b) | the words after “punishable with imprisonment” and before |
| |
“or is convicted” were omitted; and |
| 5 |
(c) | for subsections (4) and (5) there were substituted— |
| |
“(4) | Where an order is made under this section requiring a |
| |
person to be admitted to a hospital (“a hospital order”), it |
| |
shall be the duty of the managers of the hospital specified |
| |
in the order to admit him in accordance with it.” |
| 10 |
(2) | In relation to a case where section 116A above applies but the court |
| |
has not yet made one of the disposals mentioned in subsection (2) of |
| |
| |
(a) | section 35 of the 1983 Act (remand to hospital for report on |
| |
accused’s mental condition) shall have effect with the |
| 15 |
omission of the words after paragraph (b) in subsection (3); |
| |
(b) | section 36 of that Act (remand of accused person to hospital |
| |
for treatment) shall have effect with the omission of the |
| |
words “(other than an offence the sentence for which is fixed |
| |
by law)” in subsection (2); |
| 20 |
(c) | references in sections 35 and 36 of that Act to an accused |
| |
person shall be construed as including a person in whose case |
| |
this subsection applies; and |
| |
(d) | section 38 of that Act (interim hospital orders) shall have |
| |
| 25 |
(i) | the reference in subsection (1) to a person being |
| |
convicted before the Crown Court included a |
| |
reference to the case where section 116A above |
| |
| |
(ii) | the words “(other than an offence the sentence for |
| 30 |
which is fixed by law)” in that subsection were |
| |
| |
(3) | In relation to the making of any order under the 1983 Act by virtue |
| |
of this Act, that Act shall apply— |
| |
(a) | as if references to the Crown Court were references to a court- |
| 35 |
| |
(b) | as if references to an offender were references to a person in |
| |
whose case section 116A above applies (references to an |
| |
offence being construed accordingly); and |
| |
(c) | with such further modifications as may be prescribed. |
| 40 |
(4) | The Secretary of State may by regulations make provision with |
| |
respect to the admission to, detention in, and release from, hospital |
| |
of any person in respect of whom an order is made under the 1983 |
| |
Act by virtue of this Act. |
| |
| Regulations under this subsection may in particular make provision |
| 45 |
for a person in respect of whom such an order has been made to be |
| |
conveyed to, and detained in, a place of safety pending his admission |
| |
| |
| |
|
| |
|
| |
|
(a) | a person is detained in pursuance of a hospital order which |
| |
the court had power to make by virtue of section 116A(1)(a) |
| |
| |
(b) | the court also made a restriction order, and that order has not |
| |
| 5 |
| the Secretary of State, if satisfied after consultation with the |
| |
responsible medical officer that the person can properly be tried, |
| |
may either remit the person for trial before a court-martial or direct |
| |
that he be tried before a civil court. |
| |
| In this subsection “responsible medical officer” means the registered |
| 10 |
medical practitioner in charge of the person’s treatment. |
| |
(6) | The Secretary of State may by regulations make provision |
| |
supplementing subsection (5) above, including in particular— |
| |
(a) | provision for a person in whose case that subsection applies |
| |
to be conveyed to a court or place of detention and to be |
| 15 |
detained in such a place; |
| |
(b) | provision for the hospital order and the restriction order to |
| |
cease to have effect at such time as may be prescribed. |
| |
| |
(1) | The court shall not make an order under section 116A(2)(b) above |
| 20 |
| |
(a) | that, having regard to all the circumstances of the case, the |
| |
making of a supervision order is the most suitable means of |
| |
dealing with the accused; |
| |
(b) | that the supervising officer intended to be specified in the |
| 25 |
order is willing to undertake the supervision; and |
| |
(c) | that arrangements have been made for any treatment which |
| |
(under subsection (2) below) is intended to be specified in the |
| |
| |
(2) | An order under section 116A(2)(b) above may, in accordance with |
| 30 |
regulations under subsection (3) below, require the supervised |
| |
person to submit, during the whole of that period or such part of it |
| |
as may be specified in the order, to treatment by or under the |
| |
direction of a registered medical practitioner. |
| |
(3) | The Secretary of State may— |
| 35 |
(a) | by order direct that the definition of “supervision order” in |
| |
section 116A(6) above shall be amended by substituting, for |
| |
the period for the time being specified there, such period as |
| |
may be specified in the order under this subsection; |
| |
(b) | by regulations make further provision in relation to |
| 40 |
| |
(4) | Regulations under subsection (3) above may in particular make |
| |
| |
(a) | as to the procedure to be followed by a court-martial making |
| |
| 45 |
(b) | as the requirements which may be specified in such an order; |
| |
(c) | as to the descriptions of supervising officer who may be so |
| |
| |
|
| |
|
| |
|
(d) | for treatment to be provided at a place other than the place |
| |
specified in the order in accordance with arrangements made |
| |
by the medical practitioner by whom or under whose |
| |
direction the supervised person is being treated; |
| |
(e) | for the amendment and revocation of any supervision order. |
| 5 |
| 116D Provisions supplementary to sections 115A to 116C |
| |
(1) | In this section and sections 115A to 116C above— |
| |
| “duly approved” means approved for the purposes of section 12 |
| |
of the Mental Health Act 1983 by the Secretary of State as |
| |
having special experience in the diagnosis and treatment of |
| 10 |
mental disorder (within the meaning of that Act); |
| |
| “prescribed” means prescribed by regulations made by the |
| |
| |
(2) | For the purposes of the provisions of sections 115A and 116 of this |
| |
Act which permit a court to act on the written evidence of a |
| 15 |
registered medical practitioner or a registered medical practitioner |
| |
who is duly approved, a report in writing purporting to be signed by |
| |
a registered medical practitioner or a registered medical practitioner |
| |
who is duly approved may, subject to subsection (3) below, be |
| |
received in evidence without proof of the signature of the |
| 20 |
practitioner and without proof that he has the requisite qualifications |
| |
or is duly approved; but the court may require the signatory of any |
| |
such report to be called to give oral evidence. |
| |
(3) | Where, in pursuance of a direction of the court, any such report is |
| |
tendered in evidence otherwise than by or on behalf of the accused, |
| 25 |
| |
(a) | if the accused is represented by counsel or a solicitor, a copy |
| |
of the report shall be given to his counsel or solicitor; |
| |
(b) | if the accused is not so represented, the substance of the |
| |
report shall be disclosed to him; and |
| 30 |
(c) | the accused may require the signatory of the report to be |
| |
called to give oral evidence, and evidence to rebut the |
| |
evidence contained in the report may be called by the accused |
| |
| |
(4) | The power of the Secretary of State to make regulations under |
| 35 |
sections 116A to 116C above, and orders under section 116C(3) |
| |
above, shall be exercisable by statutory instrument which shall be |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
2 | In section 225(1) of the Army Act 1955 and in section 223(1) of the Air Force |
| 40 |
Act 1955 (general provisions as to interpretation) insert at the appropriate |
| |
| |
| ““hospital order” has the meaning assigned to it by section 116A(6) of |
| |
| |
| ““restriction order” has the meaning assigned to it by section 116A(6) of |
| 45 |
| |
| ““supervision order” has the meaning assigned to it by section 116A(6) |
| |
| |
|
| |
|