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Policing and Crime Act 2009

Section 45 Remand for medical examination and report

260.If a person has been arrested, with or without a warrant, this section allows a court to remand a person for the purpose of medical examination and report if they have reason to consider that such a report will be required.

261.Subsection (3) sets out that, where that remand is in custody, the adjournment must not be for more than three weeks at a time.

262.Subsection (4) provides that, where such remand is on bail, the adjournment must not be for more than four weeks at a time.

263.Subsection (5) gives the court the power to make an order under section 35 of the Mental Health Act 1983 (“MHA”) if it suspects that the arrested individual is suffering from a mental disorder. Section 35 of the MHA enables a court to remand an individual to a hospital specified by the court for a report on his mental condition. The court can exercise this power if it is satisfied on the written or oral evidence of a registered medical practitioner that there is reason to suspect that the person is suffering from a mental disorder and the court is of the opinion that it would be impracticable for a report on the person's mental condition to be made if he or she were remanded on bail.

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