Section 35 of the Mental Health Act 1983 contains the provisions enabling the Crown Court and Magistrates’ courts to remand a defendant to hospital in order for a mental condition report to be prepared. In the magistrates’ court, this is post-conviction or a finding of fact or with the defendant’s consent; in the Crown Court the remand may be at any stage.

(a)the court is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the accused person is suffering from a mental disorder; and

(b)the court is of the opinion that it would be impracticable for a report on his mental condition to be made if he were remanded on bail.

The court can direct that the person is conveyed to and detained in a place of safety (as defined by section 135 Mental Health Act 1983) pending admission to hospital provided that arrangements have been made for his admission to hospital within seven days of the remand (section 35(4) Mental Health Act 1983).

Section 36 of the Mental Health Act 1983 allows for an accused to be remanded to hospital for treatment. This applied only to defendants in the Crown Court. 

The court must be satisfied, on the written or oral evidence of two registered medical practitioners, that

(a)he is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(b)appropriate medical treatment is available for him.

For both Section 35 and 36, a court shall not remand an accused person unless it is satisfied that arrangements have been made for the defendant’s admission to hospital within seven days of the remand.

An accused person shall not be remanded or further remanded under these sections for more than 28 days at a time or for more than 12 weeks in all; and the court may at any time terminate the remand if it appears to the court that it is appropriate to do so.