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Armed Forces Act 2006

Schedule 4 – Unfitness and Insanity: Modifications of Mental Health Act 1983

784.Schedule 4 modifies how sections 35 to 38, 40 and 41 of the Mental Health Act 1983 (“the 1983 Act”) have effect where the Court Martial finds a defendant unfit to stand trial or not guilty by reason of insanity (see section 168).

785.Paragraph 1 modifies section 37 of the 1983 Act so as to provide that the Court Martial may make a hospital order (authorising the defendant’s admission to and detention in hospital) in a case where a finding under section 168(1) has been made.

786.Paragraph 2 modifies section 41(1) of the 1983 Act so as to provide that, where such a finding has been made, the Court Martial may make a restriction order (restricting the defendant’s discharge from hospital) in addition to a hospital order.

787.Paragraphs 3, 4 and 5 modify several sections of the 1983 Act to provide that options open to the court for dealing with the accused under those sections are open to the Court Martial in circumstances where it has made a finding under section 168(1), but has not yet made one of the orders listed at section 169(2).

788.Paragraph 3 modifies section 35 to provide that the Court Martial may remand the defendant to a hospital in order to obtain a report on his mental condition; paragraph 4 modifies section 36 to provide that the Court Martial may remand him to a hospital in order for him to be detained there and receive medical treatment; while paragraph 5 modifies section 38 to provide that the Court Martial may make an interim hospital order in respect of him.

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