Misuse of Drugs Act, 1984

Power of court to remand person convicted of offence to which section 7 applies and to obtain a report and in certain cases to arrange for the medical or other treatment or for the care of such person.

8.—(1) Where a person is convicted of an offence to which section 7 of this Act applies, if, having regard to the circumstances of the case, the court considers it appropriate so to do, the court may remand the person for such period as it considers necessary for the purposes of this section (being a period not exceeding eight days in the case of a remand in custody) and request a health board, probation and welfare officer employed in the probation and welfare service of the Department of Justice or such other person or body, considered by the court to be appropriate to furnish to the court—

(a) a medical report described in subparagraph (i), as amended by section 14 of this Act, of section 28 (1) (a) of the Principal Act, and

(b) a report described in subparagraph (ii), as so amended, of the said section 28 (1) (a).

(2) Where the court makes a request under subsection (1) of this section, subsections (2) to (9) of section 28, as amended by section 14 of this Act, of the Principal Act, shall with the necessary modifications apply as regards the relevant case, and without prejudice to the generality of the foregoing—

(a) each of the references in the said subsections (2) to (9) to section 27 of the Principal Act shall be construed as a reference to that section as applied by this subsection,

(b) the references to a report in subsections (3) and (4) of the said section 28 shall each be construed as including a reference to a report furnished under subsection (1) of this section,

(c) the reference in subsection (6) of the said section 28 to a person's being detained under the Principal Act shall be construed as a reference to detention imposed by virtue of this subsection,

(d) references in subsection (6) or (7) of the said section 28 to a decision or order under subsection (2) of that section shall be construed as including references to a decision or order under the said subsection (2) as applied by this subsection.