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Mental Capacity Act (Northern Ireland) 2016
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This version of this provision is prospective.
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Changes to legislation:
Mental Capacity Act (Northern Ireland) 2016, Section 174 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 174:
- s. 174 modified (temp.) by 2020 c. 7 Sch. 11 para. 15
- s. 285(2)(a)-(c) substituted for s. 285(2)(a)(b) by 2022 c. 18 (N.I.) Sch. 3 para. 77(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 285(2)(a)-(c) substituted for s. 285(2)(a)(b) by 2022 c. 18 (N.I.) Sch. 3 para. 77(b)
Prospective
Hospital direction when passing custodial sentenceN.I.
This section has no associated Explanatory Notes
174—(1) This section applies where—
(a)a person is convicted before the Crown Court of an offence punishable with imprisonment, other than an offence for which the sentence is fixed by law; or
(b)a person is convicted by a court of summary jurisdiction of an offence punishable on summary conviction with imprisonment.
(2) If—
(a)the court, having considered the other available ways of dealing with the offender, decides to impose a custodial sentence (as defined by section 253) in respect of the offence, and
(b)the conditions in section 175 are met,
the court may when it passes the custodial sentence direct that, instead of being removed to and detained in a prison, the offender is to be removed to and detained in a hospital specified in the direction.
(3) A direction under this section given in relation to an offender has effect not only as regards the custodial sentence mentioned in subsection (2) but also (so far as applicable) as regards any other custodial sentence imposed on the same or a previous occasion.
(4) Where the custodial sentence imposed by the court is not a sentence of imprisonment, any reference in this section to a “prison” is to a place in which the person would be liable to be detained under the sentence but for the direction under this section.
(5) In this Part a “hospital direction” means a direction under this section.
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