|
| |
|
(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 |
| |
““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 |
| |
| 10 |
““the responsible hospital” has the meaning given in section |
| |
| |
(4) | In subsection (3), after “guardianship” insert “or a community patient”. |
| |
| |
35 (1) | In section 146 (application to Scotland), omit the words from “128” to |
| 15 |
| |
(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 |
| |
(2) | In paragraph 1, after “17” insert “to 17C, 17E, 17F, 20A”. |
| |
| |
(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. |
| |
| |
(a) | in subsection (2) for the reference to section 6(2) above |
| 30 |
there shall be substituted a reference to section 40(1)(b) |
| |
| |
(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 |
| |
(5) | After paragraph 5 insert— |
| |
“5A | In section 19A(2), paragraph (b) shall be omitted.” |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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.” |
| |
| |
| |
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) | 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 |
| |
| 40 |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 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) |
| |
| |
“(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
| |
(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 |
| |
| |
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 |
| |
“(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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(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 |
| |
| 20 |
| |
(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.” |
| |
| 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”. |
| |
| |
| |
Cross-border arrangements |
| 35 |
| |
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 |
| |
|
| |
|
| |
|
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. |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(8) | Subsection (8) of section 80 above applies to a reference in this section |
| |
as it applies to one in that 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 |
| |
| 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. |
| |
| |
(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; |
| |
|
| |
|