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Paragraph 107 I1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances)—

(a)

in subsection (3)(c)(ii) for the words from “to which” to the end substitute “ within subsection (3B) below; ”;

(b)

after subsection (3A) insert—

“(3B)

A request is within this subsection if—

(a)

it is a request to a registered medical practitioner to make a written or oral report on the medical condition of an offender or defendant; and

(b)

it is made by a court—

(i)

for the purpose of determining whether or not to include in a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) a mental health treatment requirement under section 207 of that Act or make an order under section 37 of the Mental Health Act 1983 (hospital orders and guardianship orders) or otherwise for the purpose of determining the most suitable method of dealing with an offender; or

(ii)

in exercise of the powers conferred by section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand of a defendant for medical examination).”

Annotations

Commencement

I1

Sch. 16 para. 107 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

Sch. 16 para. 107 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)