SCHEDULES
SCHEDULE 32Amendments relating to sentencing
Part 1General
Mental Health Act 1983 (c. 20)
I138
In section 37 (powers of courts to order hospital admission or guardianship)—
a
in subsection (1), the words “or falls to be imposed under section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are omitted,
b
for subsections (1A) and (1B) there is substituted —
1A
In the case of an offence the sentence for which would otherwise fall to be imposed—
a
under section 51A(2) of the Firearms Act 1968,
b
under section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000, or
c
under any of sections 225 to 228 of the Criminal Justice Act 2003,
nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.
1B
References in subsection (1A) above to a sentence falling to be imposed under any of the provisions mentioned in that subsection are to be read in accordance with section 305(4) of the Criminal Justice Act 2003.
c
in subsection (8), for “probation order” there is substituted “
community order (within the meaning of Part 12 of the Criminal Justice Act 2003)
”
.