Part III

Patients Concerned in Criminal Proceedings or Under Sentence

Hospital and guardianship orders

Information as to hospitals.
39
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 integrated care board ... Local Health Board for the area in which that person resides or last resided; or
b
NHS England or the National Assembly for Wales or any other integrated care board ... Local Health Board that appears to the court to be appropriate,
to furnish the court with such information as that integrated care board ... Local Health Board or NHS England or the National Assembly for Wales have or can reasonably obtain with respect to the hospital or hospitals (if any) in their area or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and that integrated care board ... Local Health Board or NHS England or the National Assembly for Wales shall comply with any such request.
1ZA
A request under this section to
NHS England
may relate only to services or facilities the provision of which
NHS England
arranges.
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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in s. 39(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(a)
Words in s. 39(1) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1)(3), 8, Sch. 1, Pt. III, para. 107(5)(a)
Words in s. 39(1)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(b)
Words in s. 39(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(c)
Words in s. 39(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(d)
S. 39(1A)(1B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 31(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(h) (with art. 3, Sch.)
S. 39(2) repealed (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8, Sch. 1, Pt. III, para. 107(5)(b), Sch. 3 (with Sch. 2 para. 6)
Pt. 3: certain defintions applied (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2
S. 39(1ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 39(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 39(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(2)(f); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 39(1)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 39(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 15; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 39 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Pt. 3 applied in part (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 6(5)(6), 29(6)(7); S.I. 2024/562, reg. 2