MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 63 Further provisions as to persons remanded by courts of summary jurisdiction or justices of the peace.

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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 63

Further provisions as to persons remanded by courts of summary jurisdiction or justices of the peace.

63.(1) A transfer direction given in respect of a person remanded in custody
by a court of summary jurisdiction shall cease to have effect on the
expiration of the period of remand.

(2) A transfer direction given in respect of any person remanded in custody by
a justice of the peace conducting a preliminary investigation shall cease to
have effect on the expiration of the period of remand unless, upon his being
brought before the justice of the peace, he is committed in custody for trial
at [the Crown Court], and, if he is so committed, section sixty-two shall
apply as if the transfer direction given in his case were a direction given in
respect of a person so committed.

(3) Where a transfer direction has been given in respect of a person remanded
in custody by a court of summary jurisdiction or a justice of the peace
conducting a preliminary investigation, the court or, as the case may be, the
justice may further remand that person without bringing him before the court
or the justice; and if the court or justice further remands such a person in
custody (whether or not he is brought before the court or justice) the period
of remand shall, for the purposes of this section, be deemed not to have
expired.

(4) Where

(a)a transfer direction has been given in respect of a person remanded in
custody by a court of summary jurisdiction; and

(b)it appears to that court that it is impracticable or inappropriate to bring
that person before the court; and

(c)the conditions set out in sub-section (3) of section sixty-two are
satisfied;

(5) Where a transfer direction in respect of any person ceases to have effect
under this section, then he shall, subject to sub-section (6), continue to be
liable to be detained in the hospital in which he was detained under the
transfer direction as if he had been admitted thereto, on the date on which
that direction ceased to have effect, in pursuance of an application for
admission made under Part II, and the provisions of this Act shall apply
accordingly.

(6) The provisions of sub-section (5) shall not apply where a
transfer direction in respect of any person ceases to have effect under
sub-section (1) and

(a)the court of summary jurisdiction before which he is brought on the
expiration of the period of remand passes a sentence of imprisonment (within
the meaning of sub-section (6) of section fifty-eight) on him, or makes a
hospital order or guardianship order in his case; or

(b)the court by which his case is considered pursuant to sub-section (4) makes
a hospital order in his case.

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Northern Irish Legislation

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 63