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[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]
Remand to hospital for report on accused's mental condition
35.—(1) Subject to the provisions of this section, the Crown Court or a magistrates’ court may remand an accused person to a hospital specified by the court for a report on his mental condition.
(2) For the purposes of this section an accused person is—
(3) Subject to subsection (4) below, the powers conferred by this section may be exercised if—
but those powers shall not be exercised by the Crown Court in respect of a person who has been convicted before the court if the sentence for the offence of which he has been convicted is fixed by law.
(4) The court shall not remand an accused person to a hospital under this section unless satisfied, on the written or oral evidence of the [approved clinician] who would be responsible for making the report 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.
(5) 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 [approved clinician] responsible for making the report, that a further remand is necessary for completing the assessment of the accused person’s mental condition.
(6) 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.
(7) 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.
(8) 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 (7) above.
(9) Where an accused person is remanded under this section—
(10) If an accused person absconds from a hospital to which he has been remanded under this section, or while being conveyed to or from that hospital, he may be arrested without warrant by any constable and shall, after being arrested, be brought as soon as practicable before the court that remanded him; and the court may thereupon terminate the remand and deal with him in any way in which it could have dealt with him if he had not been remanded under this section.
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