Remand for medical examination and reportE+W
5(1)This paragraph applies where—E+W
(a)the judge or the court has reason to think that a medical report will be needed, and
(b)the judge or the court remands the person in order to enable a medical examination to take place and a report to be made.
(2)If (in the case of a person aged 18 or over) the person is remanded in custody, the adjournment may not be for more than 3 weeks at a time.
(3)If the person is remanded on bail, the adjournment may not be for more than 4 weeks at a time.
Commencement Information
I1Sch. 1 para. 5 in force at 23.3.2015 by S.I. 2015/373, art. 4(c)
6(1)If the judge or the court—E+W
(a)is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the person is suffering from mental disorder, and
(b)is of the opinion that it would be impracticable for a report on the person's mental condition to be made if he or she were remanded on bail,
the judge or the court may remand the person to a hospital or registered establishment specified by the judge or the court for such a report to be made.
(2)In sub-paragraph (1)—
“hospital” has the meaning given by section 145(1) of the Mental Health Act 1983;
“mental disorder” has the meaning given by section 1 of that Act (reading subsection (2B) of that section as if it included a reference to sub-paragraph (1) above);
“registered establishment” has the meaning given by 34(1) of that Act.
(3)Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for the purposes of sub-paragraph (1) with any necessary modifications (in particular, with references to the accused person being read as references to the person mentioned in that sub-paragraph, and references to the court being read as references to the judge or the court).
Commencement Information
I2Sch. 1 para. 6 in force at 23.3.2015 by S.I. 2015/373, art. 4(c)