Commentary on Sections Part 10 – Criminal Justice Chapter 1 - Remand to Hospital Section 164 - Section 162: the medical report condition
This section makes provision for the test that must be met before the “medical report condition” in section 162 is satisfied.
The court must be satisfied on the basis of medical evidence that the accused has a disorder or is suspected of having a disorder; that a report on his or her mental or physical condition ought to be made; that a proper assessment of his or her condition would be impracticable if he or he or she was remanded in custody; and that such an assessment will be practicable if the accused is remanded in hospital. In determining if the assessment will be practicable,  the court must have regard to how likely it is that consent will be obtained or that examination will be capable of being carried out under Part 2 of the Act, or if the accused is under 16, that the examination can be carried out under the Mental Health Order.