Mental Health (Amendment) Act 1982

Hospital orders

19 Power to make hospital order

(1) Section 60 of the principal Act (power of court to make hospital order) shall be amended as follows.

(2) In subsection (1) after the words " convicted before the Crown Court of an offence " there shall be inserted the words " punishable with imprisonment ".

(3) For subsection (1)(a) there shall be substituted—

“(a) the court is satisfied, on the written or oral evidence of two medical practitioners (complying with the provisions of section 62 of this Act), that the offender is suffering from mental illness, psychopathic disorder, mental impairment or severe mental impairment and that the conditions set out in subsection (1A) of this section are complied with ; and”.

(4) After subsection (1) there shall be inserted—

“(1A) The conditions referred to in subsection (1)(a) of this section are—

(a) that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and, in the case of psychopathic disorder or mental impairment, that such treatment is likely to alleviate or prevent a deterioration of his condition ; or

(b) in the case of an offender who has attained the age of sixteen years, that the mental disorder is of a nature or degree which warrants his reception into guardianship under this Act.”

(5) In subsection (3) (which requires the court to be satisfied that arrangements have been made for the admission of the offender to the hospital in question) after the words " unless the court is satisfied " there shall be inserted the words " on the written or oral evidence of the medical practitioner who would be in charge of his treatment or of some other person representing the managers of the hospital ".

20 Applications in respect of patient subject to hospital order

(1) After subsection (3) of section 63 of the principal Act (effect of hospital orders and guardianship orders) there shall be inserted—

“(3A) Without prejudice to any provision of Part IV of this Act as applied by this section, an application to a Mental Health Review Tribunal in respect of a patient admitted to a hospital in pursuance of a hospital order may be made by the nearest relative of the patient—

(a) in the period between the expiration of six months and the expiration of twelve months beginning with the date of the order ; and

(b) in any subsequent period of twelve months.”

(2) In subsection (4) of that section the words " admitted to a hospital in pursance of a hospital order, or " shall be omitted.

(3) Where a person detained in a hospital or mental nursing home—

(a) is treated as subject to a hospital order or transfer direction by virtue of section 37(2) below, section 65(5) or 87(2) of the principal Act, section 73(2) of the [1960 c. 61.] Mental Health (Scotland) Act 1960 or section 5(1) of the [1964 c. 84.] Criminal Procedure (Insanity) Act 1964 ; or

(b) is subject to a direction having the same effect as a hospital order by virtue of section 71(4), 72(3) or 73(3) of the principal Act,

then, without prejudice to any provision of Part IV of the principal Act as applied by section 63 of that Act, that person may make an application to a Mental Health Review Tribunal in the period of six months beginning with the date of the order or direction mentioned in paragraph (a) above or, as the case may be, the date of the direction mentioned in paragraph (b) above.

(4) In sections 52(1) and (5) and 53 of the principal Act (appointment by court of acting nearest relative) references to Part IV of that Act shall include references to section 63 (3A) and (4) of that Act and in subsection (4)(a) of section 53 of that Act the reference to detention in pursuance of an application for admission for treatment and to guardianship under tot Part shall include a reference to detention and guardianship by virtue of an order or direction under Part V of that Act.

21 Committal for hospital order

(1) Section 68 of the principal Act (admission to hospital of person committed by magistrates' court with a view to the making of a hospital order) shall be amended as follows.

(2) In subsection (1) for the words " the magistrates" court by which he is committed is satisfied that arrangements have been made for the admission of "the offender to a hospital there shall be substituted the words " the magistrates' court by which he is committed is satisfied, on written or oral evidence, that arrangements have been made for the admission of the offender to a hospital ".

(3) After subsection (1) there shall be inserted—

“(1A) The evidence required by subsection (1) of this section shall be given by the medical practitioner who would be in charge of the offender's treatment or by some other person representing the managers of the hospital in question.”