Commentary on Sections Part 8 – Mentally Disordered Persons: Criminal Proceedings
184.Provision for the disposal by the criminal courts of persons with mental disorder involved in criminal proceedings is made principally by Part VI and sections 200 and 230 of the 1995 Act. Part 8 amends the 1995 Act to provide for two new pre-sentence disposals (assessment orders and treatment orders), to replace interim hospital orders and hospital orders with interim compulsion orders and compulsion orders, to provide courts with power to detain acquitted persons and to make minor changes to the provisions on remanding accused persons for inquiry into mental health and on probation with a requirement that the person receives treatment for mental disorder. In addition, Part 8 provides for the transfer of mentally disordered prisoners to hospital.
185.In addition to the amendments made to the 1995 Act by this Part, further amendments are made by paragraph 8 of schedule 4, and repeals are made by schedule 5, to the 2003 Act.