MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 58 Remand in case of illness or accident.

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 58

Remand in case of illness or accident.

58.(1) Without prejudice to the powers of the court under section 57, where a
person is charged before a magistrates' court with an offence punishable on
summary conviction with imprisonment or an indictable offence which is tried
summarily, and the court is satisfied that the person charged did the act or
made the omission charged but is of opinion that an inquiry ought to be made
into his physical or mental condition, the court may remand him for such
period as the court thinks necessary to enable a medical examination and
report to be made so, however, that no single period shall, where the person
remanded is on bail, exceed [twenty-eight] days commencing on the day after
that on which the person is remanded or extend beyond the next sitting of the
court whichever is the longer or, where the person remanded is in custody,
exceed the period specified in subsection (2) or, as the case may be,
subsection (3) of section 54.

(2) Where a person is remanded on bail under this section, it shall be a
condition of the recognizance that he shall

(a)undergo medical examination by a duly qualified medical practitioner and
for the purpose attend at a hospital or place, or on any such practitioner,
specified in the recognizance; or

(b)where the inquiry is into his mental condition (and the recognizance so
specifies) undergo medical examination by two duly qualified practitioners
(one of whom shall be a practitioner appointed for the purposes of section 19
of the Mental Health Act (Northern Ireland) 1961) and for the purpose attend
at a hospital or place, or upon any duly qualified medical practitioner,
specified in the recognizance, and comply with any directions which may be
given to him by any practitioner so specified;

[(2A) Where a person charged before a magistrates' court with an indictable
offence is remanded in custody or committed for trial in custody and the court
is of opinion that an inquiry ought to be made into his physical or mental
condition the court may order such inquiry to be made.]

(3) Where a person charged before a magistrates' court with an indictable
offence is admitted to bail on his entering a recognizance conditioned for his
appearance at [the Crown Court] and the magistrates' court is of opinion that
an inquiry ought to be made as aforesaid, the conditions of the recognizance
may, in addition to the condition for his appearance, include the like
conditions as could be included in the conditions of the recognizance with
respect to the like inquiry by virtue of subsection (2).

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 58