46 Power to make hospital and limitation directions
Crime (Sentences) Act 1997 (1997 c 43) | Legislation

Mentally disordered offenders

46  Power to make hospital and limitation directions

After section 45 of the 1983 Act there shall be inserted the following sections—

“Hospital and limitation directions
45A Power of higher courts to direct hospital admission

(1)     This section applies where, in the case of a person convicted before the Crown Court of an offence the sentence for which is not fixed by law—

(a)     the conditions mentioned in subsection (2) below are fulfilled; and

(b)     except where the offence is one the sentence for which falls to be imposed under section 2 of the Crime (Sentences) Act 1997, the court considers making a hospital order in respect of him before deciding to impose a sentence of imprisonment (“the relevant sentence”) in respect of the offence.

(2)     The conditions referred to in subsection (1) above are that the court is satisfied, on the written or oral evidence of two registered medical practitioners—

(a)     that the offender is suffering from psychopathic disorder;

(b)     that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(c)     that such

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