Mental Health Bill [HL]

House of Commons

Session 2006 - 07
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Mental Health Bill [HL]

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
66

      (2)
In subsection (1), in the definition of “absent without leave”, after “related
expressions” insert “(including expressions relating to a patient’s liability to
be returned to a hospital or other place)”.
      (3)
In that subsection, at the appropriate places insert—
““community patient” has the meaning given in section 17A
5
above;”
““community treatment order” and “the community treatment
order” have the meanings given in section 17A above;”
““the community treatment period” has the meaning given in
section 20A above;”
10
““the responsible hospital” has the meaning given in section
17A above;”.
      (4)
In subsection (3), after “guardianship” insert “or a community patient”.
Extent
35    (1)
In section 146 (application to Scotland), omit the words from “128” to
15
“guardianship)”.
      (2)
This paragraph does not extend to Scotland.
Application of certain provisions to patients concerned in criminal proceedings
36    (1)
In Schedule 1 (application of certain provisions to patients subject to hospital
and guardianship orders), Part 1 (patients not subject to special restrictions)
20
is amended as follows.
      (2)
In paragraph 1, after “17” insert “to 17C, 17E, 17F, 20A”.
      (3)
In paragraph 2—
(a)
for “18, 19, 20” substitute “17D, 17G, 18 to 20, 20B”, and
(b)
for “paragraphs 3” substitute “paragraphs 2A”.
25
      (4)
After paragraph 2 insert—
“2A
In section 17D(2)(a) for the reference to section 6(2) above there
shall be substituted a reference to section 40(1)(b) below.
2B
In section 17G—
(a)
in subsection (2) for the reference to section 6(2) above
30
there shall be substituted a reference to section 40(1)(b)
below;
(b)
in subsection (4) for paragraphs (a) and (b) there shall be
substituted the words “the order or direction under Part 3
of this Act in respect of him were an order or direction for
35
his admission or removal to that other hospital”; and
(c)
in subsection (5) for the words from “the patient” to the
end there shall be substituted the words “the date of the
relevant order or direction under Part 3 of this Act were the
date on which the community treatment order is
40
revoked”.”
      (5)
After paragraph 5 insert—
“5A
In section 19A(2), paragraph (b) shall be omitted.”

Mental Health Bill [HL]
Schedule 4 — Supervised community treatment: amendments to other Acts
67

      (6)
After paragraph 6 insert—
“6A
In section 20B(1), for the reference to the application for admission
for treatment there shall be substituted a reference to the order or
direction under Part 3 of this Act by virtue of which the patient is
liable to be detained.”
5
      (7)
In paragraph 8(b), for “and (b)” substitute “to (c)”.
37    (1)
Part 2 of that Schedule (patients subject to special restrictions) is amended as
follows.
      (2)
In paragraph 2, for “17 to 19” substitute “17, 18, 19”.
      (3)
For paragraph 6 substitute—
10
“6
In section 22, subsections (1) and (5) shall not apply.”
Schedule 4
Section 32

Supervised community treatment: amendments to other Acts
Administration of Justice Act 1960
1
After section 5 of the Administration of Justice Act 1960 (c. 65) insert—
15
“5A
Power to order continuation of community treatment order
(1)
Where the defendant in any proceedings from which an appeal lies
under section 1 of this Act would, but for the decision of the court
below, be liable to recall, and immediately after that decision the
prosecutor is granted, or gives notice that he intends to apply for,
20
leave to appeal, the court may make an order under this section.
(2)
For the purposes of this section, a person is liable to recall if he is
subject to a community treatment order (within the meaning of the
Mental Health Act 1983) and, when that order was made, he was
liable to be detained in pursuance of an order or direction under Part
25
3 of that Act.
(3)
An order under this section is an order providing for the
continuation of the community treatment order and the order or
direction under Part 3 of that Act so long as any appeal under section
1 of this Act is pending.
30
(4)
Where the court makes an order under this section, the provisions of
the Mental Health Act 1983 with respect to persons liable to recall
(including provisions as to the extension of the community treatment
period, the removal or discharge of community patients, the
revocation of community treatment orders and the re-detention of
35
patients following revocation) shall apply accordingly.
(5)
An order under this section shall (unless the appeal has previously
been disposed of) cease to have effect at the expiration of the period
for which the defendant would, but for the decision of the court
below, have been—
40
(a)
liable to recall; or

Mental Health Bill [HL]
Schedule 4 — Supervised community treatment: amendments to other Acts
68

(b)
where the community treatment order is revoked, liable to be
detained in pursuance of the order or direction under Part 3
of the Mental Health Act 1983.
(6)
Where the court below has power to make an order under this
section, and either no such order is made or the defendant is
5
discharged by virtue of subsection (4) or (5) of this section before the
appeal is disposed of, the defendant shall not be liable to be again
detained as the result of the decision of the Supreme Court on the
appeal.”
Criminal Appeal Act 1968
10
2     (1)
The Criminal Appeal Act 1968 (c. 19) is amended as follows.
      (2)
In section 8 (supplementary provisions as to retrial), after subsection (3A)
insert—
“(3B)
If the person ordered to be retried—
(a)
was liable to be detained in pursuance of an order or
15
direction under Part 3 of the Mental Health Act 1983;
(b)
was then made subject to a community treatment order
(within the meaning of that Act); and
(c)
was subject to that community treatment order immediately
before the determination of his appeal,
20

the order or direction under Part 3 of that Act and the community
treatment order shall continue in force pending the retrial as if the
appeal had not been allowed, and any order made by the Court of
Appeal under this section for his release on bail shall have effect
subject to the community treatment order.”
25
      (3)
After section 37 insert—
“37A
Continuation of community treatment order on appeal by the Crown
(1)
The following provisions apply where, immediately after a decision
of the Court of Appeal from which an appeal lies to the Supreme
Court, the prosecutor is granted, or gives notice that he intends to
30
apply for, leave to appeal.
(2)
If, but for the decision of the Court of Appeal, the defendant would
be liable to recall, the Court of Appeal may make an order under this
section.
(3)
For the purposes of this section, a person is liable to recall if he is
35
subject to a community treatment order (within the meaning of the
Mental Health Act 1983) and, when that order was made, he was
liable to be detained in pursuance of an order or direction under Part
3 of that Act.
(4)
An order under this section is an order providing for the
40
continuation of the community treatment order and the order or
direction under Part 3 of that Act so long as an appeal to the Supreme
Court is pending.
(5)
Where an order is made under this section the provisions of the
Mental Health Act 1983 with respect to persons liable to recall
45
(including provisions as to the extension of the community treatment

Mental Health Bill [HL]
Schedule 4 — Supervised community treatment: amendments to other Acts
69

period, the removal or discharge of community patients, the
revocation of community treatment orders and the re-detention of
patients following revocation) shall apply accordingly.
(6)
An order under this section shall (unless the appeal has previously
been disposed of) cease to have effect at the expiration of the period
5
for which the defendant would, but for the decision of the Court of
Appeal, have been—
(a)
liable to recall; or
(b)
where the community treatment order is revoked, liable to be
detained in pursuance of the order or direction under Part 3
10
of the Mental Health Act 1983.
(7)
Where the Court of Appeal have power to make an order under this
section, and either no such order is made or the defendant is
discharged, by virtue of subsection (5) or (6) of this section, before the
appeal is disposed of, the defendant shall not be liable to be again
15
detained as the result of the decision of the Supreme Court on the
appeal.”
Courts-Martial (Appeals) Act 1968
3     (1)
The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.
      (2)
In section 20 (implementation of authority for retrial etc), after subsection (4)
20
insert—
“(4A)
Where retrial is authorised in the case of a person who—
(a)
was liable to be detained in pursuance of an order or
direction under Part 3 of the Mental Health Act 1983;
(b)
was then made subject to a community treatment order
25
(within the meaning of that Act); and
(c)
was subject to that community treatment order immediately
before the date of the authorisation,

the order or direction under Part 3 of that Act and the community
treatment order shall continue in force until the relevant time (as
30
defined in subsection (3A)) as if his conviction had not been quashed.
(4B)
An order under subsection (1E)(a) is of no effect in relation to a
person for so long as he is subject to a community treatment order.”
      (3)
In section 43 (detention of accused), after subsection (3) insert—
“(3A)
The relevant provisions of the Mental Health Act 1983 with respect
35
to community treatment orders (within the meaning of that Act)
shall also apply for the purposes of subsection (3).”
      (4)
After that section insert—
“43A
Continuation of community treatment order
(1)
The Appeal Court may make an order under this section where—
40
(a)
but for the decision of the Appeal Court, the accused would
be liable to recall; and
(b)
immediately after that decision, the Director of Service
Prosecutions is granted leave to appeal or gives notice that he
intends to apply for leave to appeal.
45

Mental Health Bill [HL]
Schedule 5 — Cross-border arrangements
Part 1 — Amendments to Part 6 of 1983 Act
70

(2)
For the purposes of this section, a person is liable to recall if he is
subject to a community treatment order (within the meaning of the
Mental Health Act 1983) and, when that order was made, he was
liable to be detained in pursuance of an order or direction under Part
3 of that Act.
5
(3)
An order under this section is an order providing for the
continuation of the community treatment order and the order or
direction under Part 3 of that Act so long as any appeal to the
Supreme Court is pending.
(4)
Where the Appeal Court makes an order under this section, the
10
relevant provisions of the Mental Health Act 1983 with respect to
persons liable to recall (including provisions as to the extension of
the community treatment period, the removal or discharge of
community patients, the revocation of community treatment orders
and the re-detention of patients following revocation) shall apply
15
accordingly.
(5)
An order under this section shall (unless the appeal has been
previously disposed of) cease to have effect at the end of the period
for which the accused would, but for the decision of the Appeal
Court, have been—
20
(a)
liable to recall; or
(b)
where the community treatment order is revoked, liable to be
detained in pursuance of the order or direction under Part 3
of the Mental Health Act 1983.
(6)
Where the Appeal Court has power to make an order under this
25
section and either no such order is made or the accused is discharged
by virtue of subsection (4) or (5) above before the appeal is disposed
of, the accused shall not be liable to be again detained as a result of
the decision of the Supreme Court on the appeal.”
Juries Act 1974
30
4
In Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered persons and
persons disqualified from serving), at the end of paragraph 2 insert “or
subject to a community treatment order under section 17A of that Act”.
Schedule 5
Section 38

Cross-border arrangements
35
Part 1
Amendments to Part 6 of 1983 Act
1
Part 6 of the 1983 Act is amended as set out in this Part of this Schedule.
Transfer of patients: Scotland
2
In section 80 (removal of patients to Scotland) (the cross-heading
40
immediately above which becomes “Removal to and from Scotland”), in

Mental Health Bill [HL]
Schedule 5 — Cross-border arrangements
Part 1 — Amendments to Part 6 of 1983 Act
71

subsection (1), omit the words “or subject to guardianship” and the words
“or, as the case may be, for receiving him into guardianship”.
3     (1)
After that section insert—
“80ZA
Transfer of responsibility for community patients to Scotland
(1)
If it appears to the appropriate national authority, in the case of a
5
community patient, that the conditions mentioned in subsection (2)
below are met, the authority may authorise the transfer of
responsibility for him to Scotland.
(2)
The conditions are—
(a)
a transfer under this section is in the patient’s interests; and
10
(b)
arrangements have been made for dealing with him under
enactments in force in Scotland corresponding or similar to
those relating to community patients in this Act.
(3)
The appropriate national authority may not act under subsection (1)
above while the patient is recalled to hospital under section 17E
15
above.
(4)
In this section, “the appropriate national authority” means—
(a)
in relation to a community patient in respect of whom the
responsible hospital is in England, the Secretary of State;
(b)
in relation to a community patient in respect of whom the
20
responsible hospital is in Wales, the Welsh Ministers.”
      (2)
This paragraph does not extend to Scotland.
4     (1)
After section 80A (the title to which becomes “Transfer of responsibility for
conditionally discharged patients to Scotland”) insert—
“80B
Removal of detained patients from Scotland
25
(1)
This section applies to a patient if—
(a)
he is removed to England and Wales under regulations made
under section 290(1)(a) of the Mental Health (Care and
Treatment) (Scotland) Act 2003 (“the 2003 Act”);
(b)
immediately before his removal, his detention in hospital
30
was authorised by virtue of that Act or the Criminal
Procedure (Scotland) Act 1995; and
(c)
on his removal, he is admitted to a hospital in England or
Wales.
(2)
He shall be treated as if, on the date of his admission to the hospital,
35
he had been so admitted in pursuance of an application made, or an
order or direction made or given, on that date under the enactment
in force in England and Wales which most closely corresponds to the
enactment by virtue of which his detention in hospital was
authorised immediately before his removal.
40
(3)
If, immediately before his removal, he was subject to a measure
under any enactment in force in Scotland restricting his discharge, he
shall be treated as if he were subject to an order or direction under
the enactment in force in England and Wales which most closely
corresponds to that enactment.
45

Mental Health Bill [HL]
Schedule 5 — Cross-border arrangements
Part 1 — Amendments to Part 6 of 1983 Act
72

(4)
If, immediately before his removal, the patient was liable to be
detained under the 2003 Act by virtue of a transfer for treatment
direction, given while he was serving a sentence of imprisonment
(within the meaning of section 136(9) of that Act) imposed by a court
in Scotland, he shall be treated as if the sentence had been imposed
5
by a court in England and Wales.
(5)
If, immediately before his removal, the patient was subject to a
hospital direction or transfer for treatment direction, the restriction
direction to which he is subject by virtue of subsection (3) above shall
expire on the date on which that hospital direction or transfer for
10
treatment direction (as the case may be) would have expired if he
had not been so removed.
(6)
If, immediately before his removal, the patient was liable to be
detained under the 2003 Act by virtue of a hospital direction, he shall
be treated as if any sentence of imprisonment passed at the time
15
when that hospital direction was made had been imposed by a court
in England and Wales.
(7)
Any directions given by the Scottish Ministers under regulations
made under section 290 of the 2003 Act as to the removal of a patient
to which this section applies shall have effect as if they were given
20
under this Act.
(8)
Subsection (8) of section 80 above applies to a reference in this section
as it applies to one in that section.
(9)
In this section—
“hospital direction” means a direction made under section 59A
25
of the Criminal Procedure (Scotland) Act 1995; and
“transfer for treatment direction” has the meaning given by
section 136 of the 2003 Act.
80C
Removal of patients subject to compulsion in the community from
Scotland
30
(1)
This section applies to a patient if—
(a)
he is subject to an enactment in force in Scotland by virtue of
which regulations under section 289(1) of the Mental Health
(Care and Treatment) (Scotland) Act 2003 apply to him; and
(b)
he is removed to England and Wales under those regulations.
35
(2)
He shall be treated as if on the date of his arrival at the place where
he is to reside in England or Wales—
(a)
he had been admitted to a hospital in England or Wales in
pursuance of an application or order made on that date under
the corresponding enactment; and
40
(b)
a community treatment order had then been made
discharging him from the hospital.
(3)
For these purposes—
(a)
if the enactment to which the patient was subject in Scotland
was an enactment contained in the Mental Health (Care and
45
Treatment) (Scotland) Act 2003, the corresponding
enactment is section 3 of this Act;