Part 9

Sentencing: Principles and Procedures
Chapter 2

Principles and Procedures applying to Service Courts Only

General

Mentally disordered offenders: requirement for medical report
258
1
Subject to subsection (2), before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must obtain and consider a medical report.
2
Subsection (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 for a service offence on an offender who is or appears to be mentally disordered, a court must 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) applies is invalidated by a failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
a
must obtain a medical report if none was obtained by the court below; and
b
must consider any such report obtained by it or by that court.
5
In this section—
- “custodial sentence” does not include a custodial sentence fixed by law;
- “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 (c. 20) by the Secretary of State , or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder.
6
Nothing in this section is to be taken to limit the generality of—
- section 256 (pre-sentence reports); or
- section 260(4) (information to be taken into account).
S. 258 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163
S. 258 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Words in s. 258(5) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(5)(f), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)