Part V

Custodial sentences etc.
Chapter I

General provisions

Procedural requirements for imposing discretionary custodial sentences

Additional requirements in case of mentally disordered offender
82
1
Subject to subsection (2) below, in any case where 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 or falling to be imposed under section 109(2) below.
2
Subsection (1) above 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 or falling to be imposed under section 109(2) below, on an offender who is or appears to be mentally disordered, a court shall consider—
a
any information before it which relates to his 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 subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection, 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 section, “mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health 83.
6
In this section, “medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder.
7
Nothing in this section shall be taken as prejudicing the generality of section 81 above.
1983 c. 20.
1983 c. 20.