PART 10CRIMINAL JUSTICE
CHAPTER 1REMAND TO HOSPITAL
Remand to hospital162
(1)
Where—
(a)
the Crown Court or a court of summary jurisdiction has power to remand an accused person (“A”) in custody,
(b)
the court considers that it would remand A in custody if it did not remand A under this section, and
(c)
either or both of the conditions for remand to hospital are met,
the court may, instead of remanding A in custody, remand A to a hospital specified by the court.
(2)
In this section “the conditions for remand to hospital” means—
(a)
the medical report condition (see section 164(1));
(b)
the treatment condition (see section 165(1)).
(3)
The court may remand an accused person under this section only if it is satisfied, on the written or oral evidence of a person representing the managing authority of the hospital, that arrangements have been made for the accused person's detention in the hospital in pursuance of the remand.
(4)
Where a court has remanded an accused person (“A”) under this section, it may further remand A under this section if it considers that—
(a)
it would remand A in custody if it did not make the further remand under this section; and
(b)
either or both of the conditions for remand to hospital are met.
(5)
A person may not be remanded or further remanded under this section for more than 28 days at a time or for more than 12 weeks in total.
(6)
For the meaning of “an accused person” see section 163.