Mental Health (Amendment) Act 1982

JurisdictionUK Non-devolved
Citation1982 c. 51
Year1982
(1) The (2) After subsection (6) of section 3 (conditions of bail) there shall be inserted—
  • “(6A) In the case of a person accused of murder the court granting bail shall, unless it considers that satisfactory reports on his mental condition have already been obtained, impose conditions of bail—
  • (a) a requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared ; and
  • (b) a requirement that he shall for that purpose attend such an institution or place as the court directs and comply with any other directions which may be given to him for that purpose by either of those practitioners.
a requirement that the accused shall undergo examination by two medical practitioners for the purpose of enabling such reports to be prepared ; anda requirement that he shall for that purpose attend such an institution or place as the court directs and comply with any other directions which may be given to him for that purpose by either of those practitioners.Of the medical pracititioners referred to in subsection (6A) above at lease ine shall be a pracititioner approved for the purpose of section 28 of the Mental Health Act 1959.(3) In subsection (7) of that section (obligations of parent or guardian in respect of conditions of bail) for the words “subsection (6) above” there shall be substituted the words “ subsection (6) or (6A) above ”.(4) In paragraph 8(3) of Schedule 1 (exceptions from restriction of conditions of bail) after the words “shall not” there shall be inserted the words “ apply to the conditions required to be imposed under section 3(6A) of this Act or ”.(5) if that person has requested that communications addressed to him by the patient should be withheld; orto cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital) ; orto cause danger to any person;(2) Subject to subsection (3) below, a postal packet addressed to a patient detained in a special hospital under the principal Act or this Act may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.any Minister of the Crown or Member of either house of Parliamentthe Master or Deputy Master or any other officer of the Court of Protection or any of the Lord Chancellor’s Visitors;the Parliamentary Commissioner for Administration, the Health Service Commissioner for England, the Health Service Commissioner for Wales or a Local Commissioner within the meaning of Part III of the a Mental Health Review Tribunal;a health authority within the meaning of the the managers of the hospital in which the patient is detained;any legally qualified person instructed by the patient to act as his legal adviser; orthe European Commission of Human Rights or the European Court of Human Rights.(4) The managers of a hospital may inspect and open any postal packet for the purposes of determining whether it is one to which subsection (1) or (2) above applies and, if so, for determining whether or not it should be withheld under that sub-section; and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.(5) Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing.(6) Where a postal packet or anything contained in it is

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