# Mental Capacity Act (Northern Ireland) 2016, Section 162: Remand to hospital

Status: prospective

(1) Where—
(a) the Crown Court or a court of summary jurisdiction has power to remand an accused person (“A”) in custody,
(b) the court considers that it would remand A in custody if it did not remand A under this section, and
(c) either or both of the conditions for remand to hospital are met,
the court may, instead of remanding A in custody, remand A to a hospital specified by the court.
(2) In this section “the conditions for remand to hospital” means—
(a) the medical report condition (see section 164(1));
(b) the treatment condition (see section 165(1)).
(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.
(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—
(a) it would remand A in custody if it did not make the further remand under this section; and
(b) either or both of the conditions for remand to hospital are met.
(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.
(6) For the meaning of “an accused person” see section 163.

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Source: https://www.legislation.gov.uk/nia/2016/18/section/162 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-162
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.