Page:Criminal Procedure (Insanity) Act 1964 (UKPGA 1964-84 qp).pdf/9

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8Ch. 84
Criminal Procedure (Insanity) Act 1964

SCHEDULES

Section 5.

SCHEDULE 1
Effect of Orders for Admission to Hospital

1.—(1) An order for admission to hospital under subsection (1) or (2) of section 5 of this Act shall be sufficient authority for any person acting under the authority of the Secretary of State to take the person to whom the order relates and convey him at any time within the period of two months, in the case of an order under the said subsection (1), or seven days, in the case of an order under the said subsection (2), beginning with the date on which the order was made to the hospital specified by the Secretary of State.

(2) The court by which any such order as aforesaid is made may give such directions as it thinks fit for the conveyance of the person to whom the order relates to a place of safety and his detention therein pending his admission to the hospital within the relevant period mentioned in the foregoing sub-paragraph.

(3) Where a person is admitted within the said period to the hospital specified by the Secretary of State, any such order as aforesaid shall be sufficient authority for the managers to detain him in the hospital in accordance with the provisions of the Mental Health Act 1959, as applied by the next following paragraph in the case of an order under the said subsection (1) or paragraph 3 of this Schedule in the case of an order under the said subsection (2).

2.—(1) A person who is admitted to a hospital in pursuance of an order under subsection (1) of section 5 of this Act shall be treated for the purposes of the said Act of 1959 as if he had been so admitted in pursuance of a hospital order made, on the date of the first-mentioned order, under section 60 of that Act, together with an order restricting discharge made under section 65 of that Act without limitation of time.

(2) For the purposes of subsection (4) of section 5 of this Act a person shall not be treated as detained in pursuance of an order at any time after the Secretary of State has directed (under section 66 of the said Act of 1959) that the said person shall cease to be subject to the special restrictions set out in the said section 65.

3. A person who is admitted to a hospital in pursuance of an order under subsection (2) of section 5 of this Act shall be treated for the purposes of Part IV of the said Act of 1959 as if he had been admitted on the date of the order in pursuance of an application for admission for observation duly made under the said Part IV.

4. In the application of subsection (5) of section 63 of the said Act of 1959 to orders under subsection (1)(a) and (c) of section 5 of this Act, the proviso to section 63(5) shall have effect as if the reference to a conviction included a reference to a special verdict and to a finding that the accused was under disability.