HL Deb 02 November 2004 vol 666 c237

14 Clause 17, page 12, line 17, at end insert—

"(4) Section 5A of the Criminal Procedure (Insanity) Act 1964 ("the 1964 Act") applies in relation to this section as it applies in relation to section 5 of that Act.

(5) Where the Court of Appeal make an interim hospital order by virtue of this section—

  1. (a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not by the Court of Appeal; and
  2. (b) the court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.

(6) Where the Court of Appeal make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable as if the order had been made by the court below."

15 Page 12, line 20, at end insert— "interim hospital order" has the meaning given in section 38 of that Act;

16 Page 12, line 24, leave out from first "the" to end of line 27 and insert "1964 Act."

17 After Clause 18, insert the following new clause—