MHA 1983 s44
Changes made by Mental Health Act 2007
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
- Restriction orders can no longer be time-limited 1/10/07
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, 6. Committal to the Crown Court for restriction order — chapter 6
Committal to hospital under s43
44.—(1) Where an offender is committed under section 43(1) above and the magistrates’ court by which he is committed is satisfied on written or oral evidence that arrangements have been made for the admission of the offender to a hospital in the event of an order being made under this section, the court may, instead of committing him in custody, by order direct him to be admitted to that hospital, specifying it, and to be detained there until the case is disposed of by the Crown Court, and may give such directions as it thinks fit for his production from the hospital to attend the Crown Court by which his case is to be dealt with.
(2) The evidence required by subsection (1) above shall be given by the [approved clinician who would have overall responsibility for the offender's case] or by some other person representing the managers of the hospital in question.
(3) The power to give directions under section 37(4) above, section 37(5) above and section 40(1) above shall apply in relation to an order under this section as they apply in relation to a hospital order, but as if references to the period of 28 days mentioned in section 40(1) above were omitted; and subject as aforesaid an order under this section shall, until the offender’s case is disposed of by the Crown Court, have the same effect as a hospital order together with a restriction order [...].
- Mental Health Act 2007 s10; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
- Mental Health Act 2007 s40; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07 (omitting ", made without limitation of time": this omission does not apply to pre-existing time-limited restriction orders)