Act of Adjournal (Consolidation) 1988

Application

112.—(1) Where the court has made or renewed an interim hospital order under section 375A(1) and the responsible medical officer has intimated to the prosecutor either—

(a) that he seeks a continuation of the order, or

(b) that he seeks termination of the order before the date on which it would otherwise cease to have effect,

the prosecutor shall make an application in the form set out in Form 29 of Schedule 1 to the court which made the order, to renew or terminate the order, as the case may be.

(2) Where an application is made under paragraph (1)—

(a) the court shall, by interlocutor in the form set out in Form 30 of Schedule 1 appoint a diet for hearing the application and, where appropriate, grant warrant to authorised officers of the hospital, or officers of law, for conveyance of the offender from the hospital to the court for that diet; and

(b) the clerk of court shall intimate the application and the diet to the offender or his solicitor.

(3) Where, in an application under paragraph (1)(a), the court renews an interim hospital order before the date on which the order would otherwise cease to have effect, the period of renewal shall commence from the date on which the order would otherwise cease to have effect.

(4) Where the court makes an order to renew or terminate an interim hospital order before the date on which it would otherwise cease to have effect, the adjourned diet fixed when the previous order of the court was made shall be treated as being discharged.

(1)

Section 375A was inserted by the Mental Health (Amendment) (Scotland) Act 1983 (c. 39), section 34(c), and amended by the Mental Health (Scotland) Act 1984 (c. 36), Schedule 3, paragraph 32.