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Custodial Sentences and Weapons (Scotland) Act 2007
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54Persons detained under mental health provisions
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(1)Where a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) has been made in respect of a person serving a sentence of imprisonment, this Part applies to that person as if—
(a)the person continues to serve the sentence while detained in hospital, and
(b)the person had not been removed to hospital.
(2)Where a person is conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act, this Part applies to that person as if, while so detained, the person were serving a sentence of imprisonment imposed at the time the direction was made.
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