1099. Additional requirements in the case of mentally disordered offenders
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(1) Subject to subsection (2), in any case where section 1098 applies and where the offender is, or appears to be mentally disordered, the Court shall obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
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(2) Subsection (1) does not apply if, in the circumstances of the case, the Court is of opinion that it is unnecessary to obtain a medical report.
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(3) Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a Court shall consider—
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(a) any information before it which relates to the offender's mental condition (whether given in a medical report, a pre-sentence report or otherwise); and
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(b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.
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(4) A custodial sentence which is passed in a case to which subsection (1) applies is not invalidated by the failure of the Court passing sentence to comply with that subsection, but any Court, on an appeal against such a sentence—
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(a) shall obtain a medical report if none was obtained by the Court; and
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(b) shall consider any such report obtained by it or by the Court passing sentence.
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(5) In this section—
“medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a qualified registered medical practitioner;
“qualified” in relation to a registered medical practitioner, means appearing to the Court to have special knowledge and experience of cases of mental disorder.
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(6) Nothing in this section prejudices the generality of section 1098.