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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

19Power 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.

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