{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-162",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-162.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "section/162",
  "kind": "section",
  "number": "162",
  "heading": "Remand to hospital",
  "text": "(1) Where—\n(a) the Crown Court or a court of summary jurisdiction has power to remand an accused person (“A”) in custody,\n(b) the court considers that it would remand A in custody if it did not remand A under this section, and\n(c) either or both of the conditions for remand to hospital are met,\nthe court may, instead of remanding A in custody, remand A to a hospital specified by the court.\n(2) In this section “the conditions for remand to hospital” means—\n(a) the medical report condition (see section 164(1));\n(b) the treatment condition (see section 165(1)).\n(3) The court may remand an accused person under this section only if it is satisfied, on the written or oral evidence of a person representing the managing authority of the hospital, that arrangements have been made for the accused person's detention in the hospital in pursuance of the remand.\n(4) Where a court has remanded an accused person (“A”) under this section, it may further remand A under this section if it considers that—\n(a) it would remand A in custody if it did not make the further remand under this section; and\n(b) either or both of the conditions for remand to hospital are met.\n(5) A person may not be remanded or further remanded under this section for more than 28 days at a time or for more than 12 weeks in total.\n(6) For the meaning of “an accused person” see section 163.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "modified (temp.)",
      "affecting": "ukpga/2020/7",
      "affecting_title": "Coronavirus Act 2020"
    },
    {
      "type": "words omitted (temp.)",
      "affecting": "ukpga/2020/7",
      "affecting_title": "Coronavirus Act 2020"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/162",
    "retrieved_at": "2026-10-29T20:19:54.781348+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."
}