Clause 17 - Powers of court on finding of insanity or unfitness to plead etc
Domestic Violence, Crime and Victims Bill [Lords]
3:30 pm
Mr Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
I beg to move amendment No. 102, in 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—
(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
(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.'.