HC Deb 09 May 1996 vol 277 cc446-50

63E.—(1) In this section and sections 62A to 63D 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;
  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. 447
  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 62A, 63, 63C and 63D 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 63A, 63B, 63C and 63D above, and orders under section 63D(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. 34, in page 36, line 17, at end insert—

`. In section 135(1) of the 1957 Act (general provisions as to interpretation)—

  1. (a) before the definition of "aircraft" 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 "steals" there shall be inserted the following definition—

No. 35, in page 36, line 33, leave out from 'shall' to end of line 14 on page 37 and insert

'make one of the following orders in respect of the appellant, 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 they think most suitable in all the circumstances of the case.

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

(4) 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 Appeal Court may direct, and the appropriate mental health legislation shall apply accordingly with such modifications as may be prescribed by regulations made by the Secretary of State.

(5) The provisions of, or made under, the relevant Service Act in relation to admission orders, guardianship orders and supervision and treatment orders shall apply to the Appeal Court as if—

  1. (a) references to a court-martial were references to the Appeal Court;
  2. (b) references to the accused were references to the appellant, and with such other modifications as may be prescribed by regulations made by the Secretary of State.

(6) The power of the Secretary of State under subsections (4) and (5) above to make regulations shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament."

No. 36, in page 37, line 17, at end insert—

'. In section 22(4) of the 1968 Act (consequences where appeal under section 21 allowed), at the beginning there shall be inserted the words "Subject to section 23 below,".'.

No. 37, in page 37, line 30, leave out from 'shall' to end of line 14 on page 38 and insert—

`make one of the following orders in respect of the appellant, 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 they think most suitable in all the circumstances of the case.

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

(4) 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 Appeal Court may direct, and the appropriate mental health legislation shall apply accordingly with such modifications as may be prescribed by regulations made by the Secretary of State.

(5) The provisions of, or made under, the relevant Service Act in relation to admission orders, guardianship orders and supervision and treatment orders shall apply to the Appeal Court as if—

  1. (a) references to a court-martial were references to the Appeal Court;
  2. (b) references to the accused were references to the appellant, and with such other modifications as may be prescribed by regulations made by the Secretary of State.

(6) The power of the Secretary of State under subsections (4) and (5) above to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

No. 38, in page 38, line 28, leave out from 'detained' to end of line 45 and insert

'pursuant to an admission order made by a court-martial, make an order for his continued detention;

  1. (b) in any other case, make an order that the appellant be admitted for assessment, in accordance with regulations made by the Secretary of State, to such hospital as may be specified by the Secretary of State.

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

(4) The power of the Secretary of State under subsections (2)(b) and (3) above to make regulations shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section "hospital" and "mental disorder" have the same meanings as in the appropriate mental health legislation.".'.

No. 39, in page 39, leave out lines 14 to 20.

No. 40, in page 39, line 28, leave out from '(1)' to end of line 41 and insert—

  1. '(a) before the definition of "the Air Force Act" there shall be inserted the following definition—
  2. (b) after the definition of "appellant" there shall be inserted the following definition—
  3. (c) after the definition of "army court-martial" there shall be inserted the following definition—
  4. (d) after the definition of "court-martial;" there shall be inserted the following definition—
  5. (e) after the definition of "enactment" there shall be inserted the following definition—
  6. (f) at the end there shall be inserted the following definition

No. 41, in page 39, line 43, leave out from beginning to end of line 5 on page 41 and insert— ' "(2A) For the purposes of the provisions of sections 16, 23 and 23A of this Act which permit the Appeal 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 (2B) 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 Appeal Court may require the signatory of any such report to be called to give oral evidence.

(2B) Where, in pursuance of a direction of the Appeal Court, any such report is tendered in evidence otherwise than by or on behalf of the appellant, then—

  1. (a) if the appellant is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;
  2. (b) if the appellant is not so represented, the substance of the report shall be disclosed to him; and
  3. (c) the appellant 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 appellant or on his behalf." ',—[Mr.Soames.]

Schedule 1, as amended, agreed to.

Clause 8 ordered to stand part of the Bill.

Schedule 2 agreed to.

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