{
  "url": "https://openlegislation.uk/domestic-abuse-act-2021/schedule-1/paragraph-5",
  "json_url": "https://openlegislation.uk/domestic-abuse-act-2021/schedule-1/paragraph-5.json",
  "legislation": "ukpga/2021/17",
  "legislation_title": "Domestic Abuse Act 2021",
  "legislation_url": "https://openlegislation.uk/domestic-abuse-act-2021",
  "path": "schedule/1/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) If the court has reason to suspect that a medical report will be required, the power to remand a person under section 40 may be exercised for the purpose of enabling a medical examination to take place and a report to be made.\n(2) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.\n(3) If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.\n(4) Sub-paragraph (5) applies if there is reason to suspect that a person who has been arrested under a warrant issued on an application made under section 40 is suffering from mental disorder within the meaning of the Mental Health Act 1983.\n(5) The court has the same power to make an order under section 35 of that Act (remand to hospital for report on accused's mental condition) as the Crown Court has under that section in the case of an accused person (within the meaning of that section).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 5 in force at 27.11.2024 until the end of the specified period on 24.11.2026 in relation to specified areas by S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2)Sch. 1 para. 5 in force at 27.11.2024 until the end of the specified period on 24.11.2026 by S.I. 2024/1191, regs. 1(2)(g), 2, 3(2)(n) (with reg. 4) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 1 para. 5 in force at 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area by S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4)"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "Sch. 1 para. 5 in force at 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas by S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 3 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 3)"
    },
    {
      "type": "I",
      "label": "I4",
      "text": "Sch. 1 para. 5 in force at 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas by S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2021/17/schedule/1/paragraph/5",
    "retrieved_at": "2026-10-29T08:58:49.211647+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}