HC Deb 09 May 1996 vol 277 c442

Amendments made: No. 17, in page 27, leave out lines 30 to 41 and insert—

'(2) Subject to subsections (3) and (4) below, the court shall make one of the following orders in respect of the accused, namely—

  1. (a) an admission order;
  2. (b) a guardianship order;
  3. (c) a supervision and treatment order; or
  4. (d) an order discharging him absolutely, as the court thinks most suitable in all the circumstances of the case.

(3) The court may not make an order under subsection (2)(b), (c) or (d) above if the offence to which the finding relates is an offence the sentence for which is fixed by law.

(4) The court shall not make a guardianship order or a supervision and treatment order unless it has power to do so by virtue of section 116C or section 116D below.

(5) An order under subsection (2)(a), (b) or (c) above shall be treated as if it had been made by a civil court in England and Wales, Scotland or Northern Ireland, as the court may direct, and the appropriate mental health legislation shall apply accordingly with such modifications as may be prescribed.'.

No. 18, in page 27, line 42, leave out 'section' and insert 'Act'.—

No. 19, in page 27, line 45, at end insert—

'(1A) Where an admission order is made by a court-martial, the court may, in such circumstances as may be prescribed, direct the accused to be treated as if an order restricting his discharge had been made under the appropriate mental health legislation, either without limit of time or (if a civil court would have been permitted to do so under the legislation concerned) during such period as may be specified in the direction.'.

No. 20, in page 28, line 3, leave out from first 'the' to end of line 7 and insert

`appropriate mental health legislation to apply, with such modifications as may be prescribed, in relation to admission orders as the legislation concerned applies in relation to hospital orders;'.

No. 21, in page 28, line 10, at end insert—

'(4) In this section "hospital", "hospital order" and "place of safety" have the same meanings as in the appropriate mental health legislation.'.

No. 22, in page 28, line 11, leave out from beginning to end of line 2 on page 29 and insert—