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) ”.