Legislation – Mental Health Act 2025

“Schedule A2Interim remand patients from Channel Islands or Isle of Man: modifications of this Act

Section 85(2A)

Modifications of section 35

1

(1)

In relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1) (remand to hospital for report on accused’s mental condition), section 35 applies with the modifications set out in this paragraph.

(2)

Subsection (2) is to be omitted.

(3)

References to an “accused person” are to be read as references to the patient referred to in sub-paragraph (1).

(4)

References to “the court” are to be read as references to whichever of—

(i)

the Crown Court, and

(ii)

a magistrates’ court,

has functions most closely corresponding to those of the court under whose order or direction the patient was liable to be detained immediately before the patient’s removal to England and Wales.

(5)

In subsection (5) for the words from the beginning to “him” there is to be substituted “The court may further remand an accused person”.

(6)

After subsection (5) there is to be inserted—

“(5A)

The court may also further remand an accused person if it has been notified by the Secretary of State that—

(a)

the person is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and

(b)

the Secretary of State is considering exercising the power in section 83 in relation to the accused person.”

(7)

For subsection (7) there is to be substituted—

“(7)

A remand under this section has effect for 28 days.

(7A)

Further periods of remand by the court may not be for more than 28 days at a time and an accused person may not be remanded for more than 12 weeks in all.

(7B)

Where the court further remands an accused person it must notify the Secretary of State of the period for which the person is further remanded.

(7C)

The court may at any time recommend to the Secretary of State that the accused person be returned to the island from which the person was removed.”

(8)

In subsection (8), for “his remand to be terminated under subsection (7)” there is to be substituted “a recommendation to be made under subsection (7C)”.

(9)

In subsection (10), the words from “that remanded him” to the end are to be omitted.

Modifications of section 36

2

(1)

Section 36 (remand of accused person to hospital for treatment) applies—

(a)

in relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1) (remand to hospital for report on accused’s mental condition), with the modifications set out in sub-paragraphs (2) to (8);

(b)

in relation to a patient who—

(i)

was treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1), and

(ii)

is subsequently remanded under section 36(1) as it applies by virtue of paragraph (a),

with the modifications set out in sub-paragraphs (3) to (8);

(c)

in relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 36(1), with the modifications set out in sub-paragraphs (3) to (8).

(2)

In subsection (1), in the words before paragaph (a), for “, instead of remanding an accused person in custody, remand him” there is to be substituted “remand an accused person”.

(3)

Subsection (2) is to be omitted.

(4)

References to an “accused person” are to be read as references to the patient referred to in sub-paragraph (1)(a), (b) or (c).

(5)

In subsection (4), for “warranted” there is to be substituted “warranted—

(a)

because the court has been notified by the Secretary of State that—

(i)

the person is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and

(ii)

the Secretary of State is considering exercising the power in section 83 in relation to the accused person, or

(b)

for other reasons”.

(6)

For subsection (6) there is to be substituted—

“(6)

A remand under this section has effect for 28 days.

(6A)

Further periods of remand by the court may not be for more than 28 days at a time and an accused person may not be remanded for more than 12 weeks in all.

(6B)

Where the court further remands an accused person it must notify the Secretary of State of the period for which the person is further remanded.

(6C)

The court may at any time recommend to the Secretary of State that the accused person be returned to the island from which the person was removed.”

(7)

In subsection (7) for “his remand to be terminated under subsection (6)” there is to be substituted “a recommendation to be made under subsection (6C)”;

(8)

Subsection (8) is to be read as applying subsection (10) of section 35 as modified by paragraph 1(9) of this Schedule.

Modifications of section 38

3

(1)

In relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 38(1) (interim hospital orders), section 38 applies with the modifications set out in this paragraph.

(2)

Subsection (2) is to be omitted.

(3)

References to “the court” are to be read as references to whichever of—

(i)

the Crown Court, and

(ii)

a magistrates’ court,

has functions most closely corresponding to those of the court under whose order or direction the patient was liable to be detained immediately before the patient’s removal to England and Wales.

(4)

In subsection (5)—

(a)

in paragraph (b), for “warranted” there is to be substituted “warranted—

(i)

because the court has been notified by the Secretary of State that—

(A)

the offender is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and

(B)

the Secretary of State is considering exercising the power in section 83 in relation to the offender, or

(ii)

for other reasons”;

(b)

in the words after paragraph (b), the words from “and” to the end are to be omitted.

(5)

After subsection (5) there is to be inserted—

“(5A)

Where the court renews the interim hospital order it must notify the Secretary of State of the period for which it is renewed.

(5B)

The court may at any time recommend to the Secretary of State that the offender be returned to the island from which the offender was removed.”

(6)

In subsection (7), the words from “that made the order” to the end are to be omitted.

Modification of section 83

4

In relation to a patient referred to in paragraph 1(1), 2(1) or 3(1), in section 83 (removal of patients to Channel Islands or Isle of Man), for “in the interests of the patient” there is to be substituted “appropriate”.”