Section 39: Information as to hospitals.

Mental Health Act 1983 · 1983 c. 20View on legislation.gov.uk

Part III: Patients Concerned in Criminal Proceedings or Under Sentence

Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request—

the integrated care board ... Local Health Board for the area in which that person resides or last resided; or
NHS England or the National Assembly for Wales or any other integrated care board ... Local Health Board that appears to the court to be appropriate,

to furnish the court with such information as that integrated care board ... Local Health Board or NHS England or the National Assembly for Wales have or can reasonably obtain with respect to the hospital or hospitals (if any) in their area or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and that integrated care board ... Local Health Board or NHS England or the National Assembly for Wales shall comply with any such request.

A request under this section to NHS England may relate only to services or facilities the provision of which NHS England arranges.

In relation to a person who has not attained the age of 18 years, subsection (1) above shall have effect as if the reference to the making of a hospital order included a reference to a remand under section 35 or 36 above or the making of an order under section 44 below.

Where the person concerned has not attained the age of 18 years, the information which may be requested under subsection (1) above includes, in particular, information about the availability of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.

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