PART 10CRIMINAL JUSTICE

CHAPTER 1REMAND TO HOSPITAL

162Remand to hospital

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.