Commentary on Sections Part 10 – Criminal Justice Chapter 1 - Remand to Hospital Section 165 - Section 162: the treatment condition
This section makes provision for the test that must be met before the “treatment condition” in section 162 is satisfied.
The court must be satisfied on the basis of medical evidence that the accused person has a disorder requiring treatment, and that failure to provide treatment as an in-patient in a hospital would more likely than not result in serious physical or psychological harm to the accused person or serious physical harm to other people. The court must also be satisfied on the basis of the medical evidence that remanding the accused person to hospital is likely to have significantly better clinical outcomes for the person than would be the case if they were remanded in custody. In forming this view, the court must have regard to any other ways in which the accused person might be admitted to hospital if they were remanded in custody. In addition, the court must have regard to whether treatment for the disorder is available in the hospital that the accused person would be remanded to, and how likely it is that consent will be obtained or that treatment 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.