Crime (Sentences) Act 1997

22 Mentally disordered offenders

(1) Subject to subsection (3) below, sections 9 and 13 above apply to persons—

(a) remanded to hospital under section 35 or 36 (remands to hospital) of the [1983 c. 20.] Mental Health Act 1983 (“the 1983 Act”);

(b) admitted to hospital under section 38 of that Act (interim hospital orders); or

(c) removed to hospital under section 48 of that Act (removal to hospital),

as they apply to persons remanded in or committed to custody by an order of a court.

(2) In the case of a prisoner who for any period is detained in a hospital under section 45A of the 1983 Act (power of courts to direct hospital admission), or under section 47 (removal of prisoners to hospital) and section 49 (restriction on discharge of prisoners removed to hospital) of that Act—

(a) section 11 above shall apply as if references to the prescribed person in subsections (2) and (3) were references to the Secretary of State and subsection (6) were omitted; and

(b) the Secretary of State shall assume, for the purposes of subsection (2) or (3) of that section as so modified, that during that period—

(i) the prisoner had been in prison; and

(ii) his behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.

(3) In the case of an accused who for any period is a person to whom section 13 above applies by virtue of subsection (1) above—

(a) that section shall apply as if references to the prescribed person in section 11(2) and (3) above as modified by section 13(2) above were references to the Secretary of State; and

(b) the Secretary of State shall assume, for the purposes of section 11(2) or (3) above as modified by section 13(2) above, that during that period—

(i) the accused had been in prison; and

(ii) his behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.

(4) Where, immediately before the expiration of his sentence, a prisoner is detained in a hospital under section 45A of the 1983 Act, or under section 47 and 49 of that Act, section 16 above shall have effect as if—

(a) the prisoner had been released on the expiration of his sentence;

(b) the reference in subsection (3)(a) to supervision by a probation officer included a reference to supervision by a social worker of a local authority social services department;

(c) the reference in subsection (4)(a) to an approved probation hostel included a reference to any hostel or home whose residents are subject to supervision; and

(d) subsection (4)(b) were omitted.

(5) In this section references to the expiration of the prisoner’s sentence shall be construed in accordance with subsection (3) of section 50 of the 1983 Act (prisoners under sentence).