Mental Health (Amendment) Act 1982

25 Persons committed for trial etc.

(1) Section 76 of the principal Act (provisions applying where person committed for trial etc. has been transferred to hospital) shall be amended as follows.

(2) In subsection (2)(a)—

(a) for the words " the Secretary of State is notified by the responsible medical officer at any time before that person is brought before the court" there shall be substituted the words " the Secretary of State is notified by the responsible medical officer, any other medical practitioner or a Mental Health Review Tribunal at any time before that person's case is disposed of by the court ";

(b) for the words " that he no longer requires treatment for mental disorder " there shall be substituted the words " that he no longer requires treatment in hospital for mental disorder or that no effective treatment for his disorder can be given at the hospital to which he has been removed ".

(3) After subsection (2)(a) there shall be inserted—

“(aa) if (no direction having been given under paragraph (a) of this subsection) that court is satisfied, on the written or oral evidence of the responsible medical officer, that that person no longer requires treatment in hospital for mental disorder or that no effective treatment for his disorder can be given at the hospital to which he has been removed, the court may order him to be remitted to any such place as aforesaid or released on bail and on his arrival at that place or, as the case may be, his release on bail the transfer direction shall cease to have effect;”.

(4) In subsection (2) (b) for the words " (no direction having been given under paragraph (a) of this subsection) " there shall be substituted the words " (no direction or order having been given or made under paragraph (a) or (aa) of this subsection) ".

(5) In subsection (3) for the words " on the oral evidence of at least two medical practitioners " there shall be substituted the words " on the written or oral evidence of at least two medical practitioners " and for the the words " which warrants the detention of the patient in a hospital for medical treatment" there shall be substituted the words " which makes it appropriate for the patient to be detained in a hospital for medical treatment ".