Section 48: Remand for medical examination and report.

Family Law Act 1996 · 1996 c. 27View on legislation.gov.uk

Part IV: Family Homes and Domestic Violence

If the relevant judicial authority has reason to consider that a medical report will be required, any power to remand a person under section 47(7)(b) or (10) may be exercised for the purpose of enabling a medical examination and report to be made.

If such a power is so exercised, the adjournment must not be for more than 4 weeks at a time unless the relevant judicial authority remands the accused in custody.

If the relevant judicial authority so remands the accused, the adjournment must not be for more than 3 weeks at a time.

If there is reason to suspect that a person who has been arrested—

under section 47(6), or
under a warrant issued on an application made under section 47(8),

is suffering from mental disorder within the meaning of the Mental Health Act 1983, the relevant judicial authority has the same power to make an order under section 35 of that Act(remand for report on accused's mental condition) as the Crown Court has under that section in the case of an accused person within the meaning of that section.

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