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Mental Health (Amendment) Act 1982

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Section 65(1).

SCHEDULE 3U.K. CONSEQUENTIAL AMENDMENTS

Modifications etc. (not altering text)

C1The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IU.K.

1—26.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

M1The Army Act 1955U.K.

Marginal Citations

27U.K.In section 116(7)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;

(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

M2The Air Force Act 1955E+W

Marginal Citations

28E+WIn section 116(7)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

M3The Sexual Offences Act 1956U.K.

Marginal Citations

29U.K.In section 45 for the words from “severe subnormality” onwards there shall be substituted the words “ a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning. ”

M4The Naval Discipline Act 1957U.K.

Marginal Citations

30U.K.In section 71(6)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;

(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

M5The Administration of Justice Act 1960U.K.

Marginal Citations

32U.K.In section 5—

(a)after subsection (4) there shall be inserted—

(4A)Where an order is made under the said subsection (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982, the order may, if the court thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—

(a)subsection (3) of this section shall not apply to the order ;

(b)Part V of the said Act of 1959 shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and

(c)if the defendant is detained by virtue of this subsection and the appeal to the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order. ;

(b)in subsection (5) for the words “subsection (3) or subsection (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.

M6The Criminal Procedure (Insanity) Act 1964U.K.

Marginal Citations

33U.K.In paragraph 2(1) of Schedule 1 for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ”

M7The Sexual Offences Act 1967U.K.

Marginal Citations

34U.K.In section 1—

(a)in subsection (3) for the words “severe subnormality”, in both places, there shall be substituted the words “ severe mental handiicap ” and the words “within the meaning of the Mental Health Act 1959” shall be omitted ;

(b)after subsection (3) there shall be inserted—

(3A)In subsection (3) of this section “severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.

M8The Criminal Justice Act 1967U.K.

Marginal Citations

35U.K.In section 72—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(b)in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.

Textual Amendments

F3Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

M9The Criminal Appeal Act 1968U.K.

Marginal Citations

36U.K.In section 8 after subsection (3) there shall be inserted—

(3A)If the person ordered to be retired was, immediately before the determination of his appeal, liable to be detained in pursuance of a remand under section 30 of the Mental Health (Amendment) Act 1982 or an interim hospital order under section 31 of that Act, the Court of Appeal may, if they think fit, order that he shall continue to be edtained in a hospital or mental nursing home, and in that event Part V of the Mental Health Act 1959 shall apply as if he had been ordered under this section to kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.

37U.K.In section 11 after subsection (4) there shall be inserted—

(5)The fact that an appeal is pending against an interim hospital order under the Mental Health (Amendment) Act 1982 shall not affect the power of the court below to renew or terminate the order or to deal with the appellant on its termination ; and where the Court of Appeal quash such an order but do not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his beng dealt with by the court below.

(6)Where the Court of Appeal make an interim hospital order by virtue of subsection (3) of this section—

(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not be the Court of Appeal ; and

(b)the court below shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offender) as the court that made the order.

38U.K.In section 14(2)—

(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

(b)for the words “admitted for observation” there shall be substituted the words “ admitted for assessment ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1438

39U.K.In section 37—

(a)after subsection (4) there shall be inserted—

(4A)Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under section 30 of the Mental Health (mendment) Act 1983 or an interim hospital order under section 31 of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—

(a)subsection (3) of this section shall not apply to the order ;

(b)Part V of the said Act of 1959 shall apply to him as if he had been ordered under this section to be detained in csutody so llong as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and

(c)if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order. ;

(b)in subsection (5) for the words “subsection (3) or (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.

40U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

41U.K.In Schedule 1—

(a)in paragraph 2 for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ” ;

(b)in paragraph 3 for the word “observation” there shall be substituted the word “ assessment ”.

42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

M10The Courts-Martial (Appeals) Act 1968U.K.

Marginal Citations

43U.K.In section 23—

(a)in subsection (2)(a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

(b)in subsection (3) for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

M11The Children and Young Persons Act 1969U.K.

Marginal Citations

44U.K.In section 2(10) for the words “the court may make an interim order in respect of him” there shall be substituted the words the court may make—

(a)an interim order ; or

(b)an interim hospital order within the meaning of section 31 of the Mental Health (Amendment) Act 1982,

in respect of him ; but an order shall not be made in respect of the relevant infant in pursuance of paragraph (b) of this subsection unless the conditions which, under the said section 31, are required to be satisfied for the making of an interim hospital order in respect of a person convicted as mentioned in that section are satisfied on his case so far as they are applicable .

45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

M12The Costs in Criminal Cases Act 1973U.K.

Marginal Citations

46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

47U.K.In section 18(1)(c) for the words “an order restricting his discharge” there shall be substituted the words “ a restriction order ”.

M13The Juries Act 1974U.K.

Marginal Citations

48U.K.In Schedule 1, for Group D there shall be substituted—

GROUP DU.K.
Mentally disordered personsU.K.

A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either—

(a)is resident in a hospital or other similar institution ; or

(b)regularly attends for treatment by a medical treatment practitioner.

A person for the time being in guardianship under section 33 of the Mental Health Act 1959.

A person who, under Part VIII of that Act, has been determined by a judge to be incapable, by reason of mental disorder, of managing and administering his property and affairs.

(In this Group—

(a)mental handicap” means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning ;

(b)severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning ;

(c)other expressions are to be construed in accordance with the said Act of 1959.).

M14The Rehabilitation of Offenders Act 1974U.K.

Marginal Citations

49U.K.In section 5(7) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ”.

M15The Criminal Procedure (Scotland) Act 1975U.K.

Marginal Citations

50U.K.In section 13—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(b)in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.

Textual Amendments

F8Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

51U.K.In section 322—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(b)in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ , or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.

Textual Amendments

F9Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

52—54.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

M16The National Health Service Act 1977U.K.

Marginal Citations

55U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

56U.K.In section 105(1) for the word “observation” there shall be substituted the word “ assessment ”.

57, 58.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

M17The Contempt of Court Act 1981U.K.

Marginal Citations

59U.K.In section 14(4)—

(a)after “1959” there shall be inserted the words “ or an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982 ” ;

(b)for the words “severe subnormality” there shall be substituted the words “ severe mental impairment ”.

60U.K.After section 14(4) there shall be inserted—

(4A)Each of the superior courts shall have the like power to make an order under section 29 of the said Act of 1982 (remand for report on accused’s mental condition) where there is reason to suspect that a person who could be committed to prison for contempt of court is suffering from mental illness or severe mental impairment as the Crown Court has under that section in the case of an accused person within the meaning of that section.

M18The Supreme Court Act 1981U.K.

Marginal Citations

61U.K.In section 48—

(a)in subsection (6)(a) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982 ” ;

(b)after subsection (6) there shall be inserted—

(7)The fact that an appeal is pending against an interim hospital order under the said Act of 1982 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination ; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court.

(8)Where the Crown Court makes an interim hospital order by virtue of subsection (2)—

(a)the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the Crown Court ; and

(b)that magistrates’ court shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offenders) as the court that made the order.

M19The Armed Forces Act 1981U.K.

Marginal Citations

62U.K.In section 1391), (2)(a) and (6)(c) for the word “observation” there shall be substituted the word “ assessment ”.

PART IIE+W . . . F13

Textual Amendments

F13Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

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