Criminal Procedure (Scotland) Act 1995

59 Hospital orders: restrictions on discharge. S

(1) Where a [F1 compulsion order authorising the detention of a person in a hospital by virtue of paragraph (a) of section 57A(8) of this Act] is made in respect of a person, and it appears to the court—

(a) having regard to the nature of the offence with which he is charged;

(b) the antecedents of the person; and

(c) the risk that as a result of his mental disorder he would commit offences if set at large,

that it is necessary for the protection of the public from serious harm so to do, the court may, subject to the provisions of this section, further order that the person shall be subject to the special restrictions set out in [F2 Part 10 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13)] , without limit of time.

(2) An order under this section (in this Act referred to as “a restriction order”) shall not be made in the case of any person unless the [F3 approved medical practitioner] , whose evidence is taken into account by the court under [F4 section 57A(2)(a)] of this Act, has given evidence orally before the court.

[F5 (2A) The court may, in the case of a person in respect of whom it did not, before making the compulsion order, make an interim compulsion order, make a restriction order in respect of the person only if satisfied that, in all the circumstances, it was not appropriate to make an interim compulsion order in respect of the person.]

(3) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(5)(a)(i); S.S.I. 2005/161, art. 3

F2 Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(5)(a)(ii); S.S.I. 2005/161, art. 3

F3 Words in s. 59(2) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(5)(b)(i); S.S.I. 2005/161, art. 3

F4 Words in s. 59(2) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(5)(b)(ii); S.S.I. 2005/161, art. 3

F5 S. 59(2A) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(5)(c); S.S.I. 2005/161, art. 3

F6 S. 59(3) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(2)(3), 333(1)(-(4), {Sch. 5 Pt. 1}; S.S.I. 2005/161 {art. 3}