Part III Patients Concerned in Criminal Proceedings or Under Sentence

Hospital and guardianship orders

39 Information as to hospitals.

(1)

Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request—

(a)

the F1integrated care board F2... F3Local Health Board for F4the area in which that person resides or last resided; or

(b)

F5F6NHS England or F7the National Assembly for Wales or any other F1integrated care board F2... F3Local Health Board that appears to the court to be appropriate,

to furnish the court with such information as F4that F1integrated care board F2... F3Local Health Board F8or F9F6NHS England or the National Assembly for Wales have or can reasonably obtain with respect to the hospital or hospitals (if any) in F4their area or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and F4that F1integrated care board F2... F3Local Health Board F10or F9F6NHS England or the National Assembly for Wales shall comply with any such request.

F11(1ZA)

A request under this section to F6NHS England may relate only to services or facilities the provision of which F6NHS England arranges.

F12(1A)

In relation to a person who has not attained the age of 18 years, subsection (1) above shall have effect as if the reference to the making of a hospital order included a reference to a remand under section 35 or 36 above or the making of an order under section 44 below.

(1B)

Where the person concerned has not attained the age of 18 years, the information which may be requested under subsection (1) above includes, in particular, information about the availability of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.

F13(2)

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