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Mental Health Bill [HL]


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

60

 

      (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”.

Scotland

35         

In section 146 (application to Scotland) after “patients subject to

15

guardianship” insert “and community patients”.

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)

is amended as follows.

20

      (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”.

      (4)  

After paragraph 2 insert—

25

“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

there shall be substituted a reference to section 40(1)(b)

30

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

his admission or removal to that other hospital”; and

35

(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

revoked”.”

40

      (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

61

 

      (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 25

 

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

62

 

(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

63

 

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

64

 

(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 32

 

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

65

 

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

66

 

(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;

 

 

 
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Revised 17 November 2006