Criminal Procedure Rules
Part 49 - Hospital and guardianship orders
| Title | Number |
|---|---|
| Remand by magistrates’ court for medical inquiries | Rule 49.1 |
| Hospital or guardianship order imposed by a magistrates’ court | Rule 49.2 |
49.1 Remand by magistrates’ court for medical inquiries
On exercising the powers conferred by section 11 of the Powers of Criminal Courts (Sentencing) Act 20001 a magistrates’ court shall—
(a) where the accused is remanded in custody, send to the institution or place to which he is committed; or
(b) where the accused is remanded on bail, send to the institution or place at which, or the person by whom, he is to be examined,
a statement of the reasons why the court is of opinion that an inquiry ought to be made into his physical or mental condition and of any information before the court about his physical or mental condition.
Formerly rule 24 of the Magistrates’ Courts Rules 19812.
49.2 Hospital or guardianship order imposed by a magistrates’ court
(1) The magistrates’ court by which a hospital order is made under section 37 of the Mental Health Act 19833 shall send to the hospital named in the order such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates, and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.
(2) The magistrates’ court by which a guardianship order is made under section 37 of the 1983 Act shall send to the local health authority named therein as guardian or, as the case may be, the local health authority for the area in which the person so named resides, such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.
(3) The magistrates’ court by which an offender is ordered to be admitted to hospital under section 44 of the 1983 Act shall send to the hospital such information in the possession of the court as it considers likely to assist in the treatment of the offender until his case is dealt with by the Crown Court.
Formerly rule 31 of the Magistrates’ Court Rules 1981.