HC Deb 09 May 1996 vol 277 cc443-5

116E.—(1) In this section and sections 115A to 116D above— the appropriate mental health legislation" means—

  1. (a) in a case where an order is treated as if it had been made by a civil court in England and Wales, the Mental Health Act 1983;
  2. (b) in a case where an order is treated as if it had been made by a civil court in Scotland, the Mental Health (Scotland) Act 1984 and Part VI of the Criminal Procedure (Scotland) Act 1995;
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  3. (c) in a case where an order is treated as if it had been made by a civil court in Northern Ireland, the Mental Health (Northern Ireland) Order 1986;
duly approved" means
  1. (a) approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act);
  2. (b) approved for the purposes of section 20 or 39 of the Mental Health (Scotland) Act 1984 by a Health Board as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act); or
  3. (c) appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986 by the Mental Health Commission for Northern Ireland;
 prescribed" means prescribed by regulations made by the Secretary of State.

(2) For the purposes of the provisions of sections 115A, 116, 116C and 116D of this Act which permit a court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (3) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the court may require the signatory of any such report to be called to give oral evidence.

(3) Where, in pursuance of a direction of the court, any such report is tendered in evidence otherwise than by or on behalf of the accused, then—

  1. (a) if the accused is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;
  2. (b) if the accused is not so represented, the substance of the report shall be disclosed to him; and
  3. (c) the accused may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the accused or on his behalf.

(4) The power of the Secretary of State to make regulations under sections 116A, 116B, 116C and 116D above, and orders under section 116D(2) above, shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'

No. 25, in page 31, line 9, at end insert— '. In section 225(1) of the Army Act 1955 (general provisions as to interpretation)—

  1. (a) after the definition of "active service" there shall be inserted the following definition
  2. (b) after the definition of "Governor" there shall be inserted the following definition—
  3. (c) after the definition of "stoppages" there shall be inserted the following definition—

In section 223(1) of the Air Force Act 1955 (general provisions as to interpretation)—

  1. (a) after the definition of "active service" there shall be inserted the following definition—
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  2. (b) after the definition of "Governor" there shall be inserted the following definition—
  3. (c) after the definition of "stoppages" there shall be inserted the following definition

No. 26, in page 32, leave out lines 35 to 46 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 63C or section 63D 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. 27, in page 32, line 47, leave out 'section' and insert 'Act'.

No. 28, in page 32, line 50, 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. 29, in page 33, line 10, leave out from first 'the' to end of line 14 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. 30, in page 33, line 17, 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. 31, in page 33, line 18, leave out from beginning to end of line 11 on page 34 and insert—