Commentary on Provisions Mental health disposals for convicted children Section 20 – hospital directions
96.Under section 59A of the 1995 Act, the court can, in certain circumstances, make a hospital direction in relation to a person convicted on indictment who has a mental disorder. A hospital direction authorises the detention of the person in hospital (rather than in prison). However, hospital directions cannot be made in relation to children (as defined in section 307(1) of the 1995 Act). This means that they cannot be made in relation to persons under 16. In addition, where the person is under 18 and subject to a CSO, a hospital direction cannot be made. As a result, hospital directions can be made in relation to some 16 and 17 year olds – that is, those not subject to CSOs.
97.Following the amendments made by sections 1 and 12 of this Act, “child” will be defined as meaning a person under 18.
98.Section 20 amends section 59A to remove the restriction on making hospital directions in relation to children. This permits hospital directions to be made, where appropriate, in relation to all under 18s.(65)