5(1)In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 38 of the 1983 Act (interim hospital orders) has effect as if—U.K.
(a)in subsection (1) for the words from the beginning to “he is convicted” there were substituted “ Where section 169 of the Armed Forces Act 2006 applies, the offence to which the finding relates is an offence punishable with imprisonment and the court ”;
(b)any reference to an offender were to a person in whose case this paragraph applies;
(c)in subsection (4) the reference to a place of safety were to any place that the court may direct; and
(d)in subsection (7) the reference to a constable included a service policeman.
(2)Where an interim hospital order is made under section 38 of the 1983 Act as modified by this paragraph, the references in section 40(3) of that Act to an offender are to be read in accordance with sub-paragraph (1)(b) above.
Commencement Information
I1Sch. 4 para. 5 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2Sch. 4 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4