S84 text: Difference between revisions

Revision as of 15:26, 22 October 2008

Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man

84.—(1) The Secretary of State may by warrant direct that any offender found by a court in any of the Channel Islands or in the Isle of Man to be insane or to have been insane at the time of the alleged offence, and ordered to be detained during Her Majesty’s pleasure, be removed to a hospital in England and Wales.

(2) A patient removed under subsection (1) above shall, on his reception into the hospital in England and Wales, be treated as if he [were subject to a hospital order together with a restriction order[...]^[1].].^[2]

(3) The Secretary of State may by warrant direct that any patient removed under this section from any of the Channel Islands or from the Isle of Man be returned to the island from which he was so removed, there to be dealt with according to law in all respects as if he had not been removed under this section.

Amendments

↑ Mental Health Act 2007 (omitting ", made without limitation of time" but for saving provisions see Restriction orders can no longer be time-limited 1/10/07)
↑ Domestic Violence Crime and Victims Act 2004

[MHA2-1] Mental Health Act 2007 (omitting ", made without limitation of time" but for saving provisions see Restriction orders can no longer be time-limited 1/10/07)

[2] Domestic Violence Crime and Victims Act 2004

[1]

[2]

@@ Line 4: / Line 4: @@
 .—(1) The Secretary of State may by warrant direct that any offender found by a court in any of the Channel Islands or in the Isle of Man to be insane or to have been insane at the time of the alleged offence, and ordered to be detained during Her Majesty’s pleasure, be removed to a hospital in England and Wales.
-(2)	A patient removed under subsection (1) above shall, on his reception into the hospital in England and Wales, be treated as if he [were subject to a hospital order together with a restriction order, made without limitation of time].<ref>[[Domestic Violence Crime and Victims Act 2004]]</ref>
+(2)	A patient removed under subsection (1) above shall, on his reception into the hospital in England and Wales, be treated as if he '''['''were subject to a hospital order together with a restriction order[...]<ref name="MHA2">[[Mental Health Act 2007]] (omitting ", made without limitation of time" but for saving provisions see {{mha change|time limited}})</ref>.''']'''.<ref>[[Domestic Violence Crime and Victims Act 2004]]</ref>
-(3)	The Secretary of State may by warrant direct that any patient removed under this section from any of the Channel Islands or from the Isle of Man be returned to the island from which he was so removed, there to be dealt with according to law in all respects as if he had not been removed under this section.
-'''Amendments'''
-<references/>
-{{newmha}}
-'''Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man'''
-.—(1) The Secretary of State may by warrant direct that any offender found by a court in any of the Channel Islands or in the Isle of Man to be insane or to have been insane at the time of the alleged offence, and ordered to be detained during Her Majesty’s pleasure, be removed to a hospital in England and Wales.
-(2)	A patient removed under subsection (1) above shall, on his reception into the hospital in England and Wales, be treated as if he '''['''were subject to a hospital order together with a restriction order[...]<ref name="MHA2">[[Mental Health Act 2007]] (omitting ", made without limitation of time": this omission does not apply to pre-existing [[time-limited restriction orders]])</ref>.''']'''.<ref>[[Domestic Violence Crime and Victims Act 2004]]</ref>
 (3)	The Secretary of State may by warrant direct that any patient removed under this section from any of the Channel Islands or from the Isle of Man be returned to the island from which he was so removed, there to be dealt with according to law in all respects as if he had not been removed under this section.