PART 2SENTENCING
CHAPTER 2CUSTODIAL SENTENCES
Additional requirements in the case of mentally disordered offendersI110
1
Subject to paragraph (2), in any case where Article 9(2) applies and the offender is or appears to be mentally disordered, the court shall obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
2
Paragraph (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
3
Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court shall consider—
a
any information before it which relates to the offender's mental condition (whether given in a medical report, a pre-sentence report or otherwise); and
b
the likely effect of such a sentence on that condition and on any treatment which may be available for it.
4
No custodial sentence which is passed in a case to which paragraph (1) applies shall be invalidated by the failure of a court to comply with that paragraph, but any court on an appeal against such a sentence—
a
shall obtain a medical report if none was obtained by the court below; and
b
shall consider any such report obtained by it or by that court.
5
In this Article—
“mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4);
“medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner appointed by the Mental Health Commission for Northern Ireland for the purposes of Part 2 of the Mental Health (Northern Ireland) Order 1986 (NI 4).
6
Nothing in this Article shall be taken as prejudicing the generality of Article 9.