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Crime (Sentences) Act 1997

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This is the original version (as it was originally enacted).

47Power to specify hospital units

(1)Subject to subsection (2) below, any power to specify a hospital which is conferred by—

(a)section 37 of the 1983 Act (hospital orders);

(b)section 45A of that Act (hospital and limitation directions);

(c)section 47 of that Act (transfer directions); or

(d)paragraph 1 of Schedule 1 to the [1991 c. 25.] Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (orders for admission to hospital),

includes power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

(2)In subsection (1) above—

(a)paragraph (a) shall not apply unless the court also makes an order under section 41 of the 1983 Act (restriction orders);

(b)paragraph (c) shall not apply unless the Secretary of State also gives a direction under section 49 of that Act (restriction directions); and

(c)paragraph (d) shall not apply unless the court has given a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.

(3)In this section—

  • “hospital”, in relation to any exercise of a power, has the same meaning as in the enactment which confers the power;

  • “hospital unit” means any part of a hospital which is treated as a separate unit.

(4)In this section—

(a)the reference to paragraph 1 of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 includes a reference to subsection (1) of section 116B of the [1955 c. 18.] Army Act 1955 and the [1955 c. 19.] Air Force Act 1955 and section 63B of the [1957 c. 53.] Naval Discipline Act 1957; and

(b)the reference to paragraph 2(1)(b) of that Schedule includes a reference to subsection (2) of those sections.

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