THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 1Custody: general provisions

Exercise of powers to impose discretionary custodial sentences

I1232Additional requirements in case of offender suffering from mental disorder

1

This section applies where—

a

the offender is or appears to be suffering from a mental disorder, and

b

the court passes a custodial sentence other than one fixed by law (“the sentence”).

2

Before passing the sentence, the court must obtain and consider a medical report unless, in the circumstances of the case, it considers that it is unnecessary to obtain a medical report.

3

Before passing the sentence, the court must consider—

a

any information before it which relates to the offender's mental condition (whether given in a medical report, a pre-sentence report or otherwise), and

b

the likely effect of such a sentence on that condition and on any treatment which may be available for it.

4

If the court did not obtain a medical report where required to do so by this section, the sentence is not invalidated by the fact that it did not do so.

5

Any court, on an appeal against the sentence, must—

a

obtain a medical report if none was obtained by the court below, and

b

consider any such report obtained by it or by that court.

6

In this section—

  • “medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983—

    1. a

      by the Secretary of State, or

    2. b

      by another person by virtue of section 12ZA or 12ZB of that Act,

    as having special experience in the diagnosis or treatment of mental disorder;

  • “mental disorder” has the same meaning as in the Mental Health Act 1983.

7

Nothing in this section is to be taken to limit—

a

the pre-sentence report requirements (see section 30), or

b

any requirement for a court to take into account all information that is available to it about the circumstances of any offence, including any aggravating or mitigating factors.