Rule 28.9 Information to be supplied on committal to custody or admission to hospital or guardianshipI1

England and Wales

(1)

This rule applies where the court—

(a)

orders the defendant’s committal to custody on withholding bail or on sentencing;

(b)

orders the defendant’s detention and treatment in hospital; or

(c)

makes a guardianship order.

(2)

Where paragraph (1)(a) applies, unless the court otherwise directs the court officer must, as soon as practicable, serve on or make available to the custodian any psychiatric, psychological or other medical report about the defendant received by the court for the purposes of the case.

(3)

Where paragraph (1)(b) or (c) applies, unless the court otherwise directs the court officer must, as soon as practicable, serve on or make available to (as applicable) the hospital or the guardian—

(a)

a record of the court’s order;

(b)

such information as the court has received that appears likely to assist in treating or otherwise dealing with the defendant, including information about—

(i)

the defendant’s mental condition,

(ii)

the defendant’s other circumstances, and

(iii)

the circumstances of the offence.

[Note. Rule 13.3 provides for the terms of a warrant for detention or imprisonment. Rule 13.4 provides for the information that such a warrant must contain.

For the circumstances in which the court may order the defendant’s detention and treatment in hospital, see sections 35, 36, 37, 38 and 44 of the Mental Health Act 1983^f1. For the circumstances in which the court may make a guardianship order, see the same section 37.]

Annotations

Commencement

I1: Rule 28.9 in force at 6.10.2025, see Preamble

Footnotes

f1: 1983 c. 20; section 44 was amended by sections 10, 40 and 55 of, and Part 8 of Schedule 11 to, the Mental Health Act 2007 (c. 12).