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Mental Health Bill [HL]

moved AmendmentNo. 28: 28: After Clause 20, insert the following new Clause— ““CHAPTER 2B Criminal justice system amendments Court mental health report for those remanded on bail Before section 35 (remand to hospital for report on accused’s mental condition) of the 1983 Act, insert— ““34A Remand on bail for a mental health report (1) In relation to the Crown Court, this section applies to a person who— (a) has been sent for trial before the court for an offence punishable with imprisonment and has not yet been sentenced or otherwise dealt with for it (unless he has been convicted of the offence and the sentence is fixed by law), (b) has been committed to the court to be sentenced for such an offence and has not yet been sectioned or otherwise dealt with for it, or (c) has been committed to the court under section 43 and has not yet been dealt with under that section. (2) In relation to a magistrates’ court, this section applies to a person who has appeared before the court charged with an offence punishable on summary conviction with imprisonment and has not yet been sentenced or otherwise dealt with for it. (3) Subsections (4) and (5) apply if the court— (a) remands on bail a person to whom this section applies, and (b) is satisfied on the evidence of a registered medical practitioner that there is reason to suspect that the person is suffering from mental disorder. (4) The court may require the appropriate authority to arrange for an approved clinician to prepare a report on— (a) the person’s mental condition, or (b) the appropriate medical treatment for that condition, (or both) in order to assist the court in dealing with the person for the offence. (5) The court may specify any particular matters which are to be included in the report (including an assessment of the risk posed by the person to members of the public).”””” The noble Lord said: With Amendment No. 28, which stands in my name and that of the noble Earl, Lord Howe, we are debating Amendment No. 29.