Coronavirus Act 2020

Court orders for the detention of accused or convicted persons in hospital

6 (1) Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court—

(a) is satisfied that complying with the requirement applying to that provision for the evidence of two registered medical practitioners is impractical or would involve undesirable delay, and

(b) is satisfied on the evidence of a single registered medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners,

and any other conditions for the exercise of the power are met.

(2) Those provisions are—

(a) section 36(1) (power to remand accused person to hospital for treatment);

(b) section 37(1) (power to order detention in hospital, or guardianship, of convicted person);

(c) section 38(1) (power to order interim detention of convicted person in hospital pending final hospital order or other disposal);

(d) section 45A(3) (power to direct that a person sentenced to imprisonment be detained in hospital instead of prison);

(e) section 51(5) (power to order detention of a person in hospital in the absence of the person).

(3) The power in section 45A(3) may only be exercised by virtue of sub-paragraph (1) if the practitioner has given evidence orally before the court (and section 45A(4) accordingly does not apply).