MHA 1983 s36
Changes made by Mental Health Act 2007
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention 3/11/08
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 3. Remands to hospital
- Mental Health Act 1983 Code Of Practice for England, 33. Patients concerned with criminal proceedings
Remand of accused person to hospital for treatment
36.—(1) Subject to the provisions of this section, the Crown Court may, instead of remanding an accused person in custody, remand him to a hospital specified by the court if satisfied, on the written or oral evidence of two registered medical practitioners, that
- [(a) he is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment;] [and
- (b) appropriate medical treatment is available for him.]
(2) For the purposes of this section an accused person is any person who is in custody awaiting trial before the Crown Court for an offence punishable with imprisonment (other than an offence the sentence for which is fixed by law) or who at any time before sentence is in custody in the course of a trial before that court for such an offence.
(3) The court shall not remand an accused person under this section to a hospital unless it is satisfied, on the written or oral evidence of the [approved clinician who would have overall responsibility for his case] or of some other person representing the managers of the hospital, that arrangements have been made for his admission to that hospital and for his admission to it within the period of seven days beginning with the date of the remand; and if the court is so satisfied it may, pending his admission, give directions for his conveyance to and detention in a place of safety.
(4) Where a court has remanded an accused person under this section it may further remand him if it appears to the court, on the written or oral evidence of the [responsible clinician], that a further remand is warranted.
(5) The power of further remanding an accused person under this section may be exercised by the court without his being brought before the court if he is represented by [an authorised person who] is given an opportunity of being heard.
(6) An accused person shall not be remanded or further remanded under this section for more than 28 days at a time or for more than 12 weeks in all; and the court may at any time terminate the remand if it appears to the court that it is appropriate to do so.
(7) An accused person remanded to hospital under this section shall be entitled to obtain at his own expense an independent report on his mental condition from a registered medical practitioner [or approved clinician] chosen by him and to apply to the court on the basis of it for his remand to be terminated under subsection (6) above.
(8) Subsections (9) and (10) of sectian 35 above shall have effect in relation to a remand under this section as they have effect in relation to a remand under that section.
- Mental Health Act 2007 s1 & sch 1, s5, s10; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
- Legal Services Act 2007 sch 21 para 55; Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009 (1/1/10)