Criminal Law (Insanity) Act 2006
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Review of detention. |
13.— (1) Where a person is detained under this Act in a designated centre being a prison, the duties and powers conferred by this section and by section 14 of this Act on a clinical director shall be carried out by the governor of the prison on the advice of an approved medical officer. | |
(2) The Review Board shall ensure that the detention of a patient is reviewed at intervals of such length not being more than 6 months as it considers appropriate and the clinical director of the designated centre where the patient is detained shall comply with any request by the Review Board in connection with the review. | ||
(3) (a) Where the clinical director of a designated centre forms the opinion in relation to a patient detained pursuant to section 4 that the patient is no longer unfit to be tried for an offence he or she shall forthwith notify the court that committed the patient to the designated centre of this opinion and the court shall order that the patient be brought before it, as soon as may be, to be dealt with as the court thinks proper. | ||
(b) Where the clinical director of a designated centre forms the opinion in relation to a patient detained pursuant to section 202 of the Defence Act 1954 , that the patient is no longer unfit to take his or her trial he or she shall forthwith notify a convening authority (within the meaning of Chapter V of the Defence Act 1954 ) of this opinion and the convening authority shall convene a court-martial which may thereupon order that the patient be brought before it as soon as may be to be dealt with as the court martial thinks proper. | ||
(4) Where the clinical director of a designated centre forms the opinion in relation to a patient detained pursuant to section 4 or to section 202 of the Defence Act 1954 , that the patient, although still unfit to be tried, is no longer in need of in-patient care or treatment at a designated centre he or she shall forthwith notify the Review Board of this opinion. | ||
(5) Where the Review Board receives a notification under subsection (4), it shall order that the patient be brought before it as soon as may be, and shall, having heard evidence relating to the mental condition of the patient given by the consultant psychiatrist responsible for his or her care or treatment, determine the question whether or not the treatment referred to in subsection (4) is still required in the same manner as if that question were being determined pursuant to the relevant provision of this Act or the Defence Act 1954 , as may be appropriate, and shall make such order as it thinks proper in relation to the patient, whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both. | ||
(6) Where the clinical director of a designated centre forms the opinion in relation to a patient detained pursuant to section 5 or section 203 of the Defence Act 1954 , that he or she is no longer in need of in-patient care or treatment at a designated centre he or she shall forthwith notify the Review Board of this opinion. | ||
(7) Where the Review Board receives a notification under subsection (6), it shall order that the patient be brought before it, as soon as may be, and shall, having heard evidence relating to the mental condition of the patient given by the consultant psychiatrist responsible for his or her care or treatment, determine the question whether or not the treatment referred to in subsection (6) is still required and shall make such order as it thinks proper in relation to the patient, whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both. | ||
(8) A patient detained pursuant to section 4 or to section 202 of the Defence Act 1954 , may apply to the Review Board for a review of his or her detention and the Review Board shall, unless satisfied that such a review is not necessary because of any review undertaken in accordance with this section, order that the patient be brought before it, as soon as may be, and— | ||
(a) if, having heard evidence relating to the mental condition of the patient given by the consultant psychiatrist responsible for his or her care or treatment, the Review Board determines that he or she is no longer unfit to be tried by reason of mental disorder or to participate in proceedings referred to in section 4 it shall order that the patient be brought before the court which committed him or her to the designated centre to be dealt with as that court thinks proper or in the case of a patient detained pursuant to section 202 of the Defence Act 1954 , it shall notify a convening authority (within the meaning of Chapter V of the Defence Act 1954 ) and the convening authority shall convene a court-martial which shall order that the patient be brought before it to be dealt with as the court-martial thinks proper, or | ||
(b) if the Review Board determines that the patient, although still unfit to be tried is no longer in need of in-patient care or treatment at a designated centre, the Review Board may make such order as it thinks proper in relation to the patient, whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both. | ||
(9) A patient detained pursuant to section 5 or to section 203 of the Defence Act 1954 , may apply to the Review Board for a review of his or her detention and the Review Board shall, unless satisfied that such a review is not necessary because of any review undertaken in accordance with this section, order that the patient be brought before it, as soon as may be, and shall, having heard evidence relating to the mental condition of the patient given by the consultant psychiatrist responsible for his or her care or treatment, determine the question of whether or not the patient is still in need of in-patient treatment in a designated centre and shall make such order as it thinks proper in relation to the patient whether for further detention, care or treatment in a designated centre or for his or her discharge whether unconditionally or subject to conditions for out-patient treatment or supervision or both. | ||
(10) The Review Board may on its own initiative review the detention of a patient detained pursuant to section 4 or 5 or to section 202 or 203 of the Defence Act 1954 , and subsection (8) or (9), as appropriate, shall apply to such review as if the patient had applied for the review under the subsection concerned. |