Mental Health (Scotland) Act 1984

65 Right of appeal of patients subject to restriction directions. S

(1) Where an appeal to the sheriff is made by a restricted patient who is subject [F1 to a hospital direction or] to a restriction direction, the sheriff—

(a) shall notify the Secretary of State if, in his opinion, the patient would, if subject to a restriction order, be entitled to be absolutely or conditionally discharged under section 64 of this Act; and

(b) if he notifies the Secretary of State that the patient would be entitled to be conditionally discharged, may recommend that [F2 the patient] should continue to be detained in a hospital.

[F3 (2) If the sheriff notifies the Secretary of State—

(a) that the patient would be entitled to be absolutely discharged, the Secretary of State shall by warrant direct that the patient be remitted to any prison or other institution or place in which he might have been detained had he not been [F4 conveyed under a relevant hospital direction or removed under a relevant transfer direction to a hospital specified in the direction]] and that he shall be dealt with there as if he had not been [F4 so conveyed or removed];

(b) that the patient would be entitled to be conditionally discharged, the Secretary of State may—

(i) by warrant give such direction as is mentioned in paragraph (a) above; or

(ii) decide that the patient should continue to be detained in a hospital,

F5 . . ..

[F6 (3) Where a direction has been given under subsection (2) of this section, on the person’s arrival in the prison or other institution or place to which he has been remitted by virtue of such a direction the relevant hospital direction or, as the case may be, the relevant transfer direction together with the restriction direction given in respect of the person shall cease to have effect.]

Textual Amendments

F1 Words in s. 65(1) inserted (S.)(1.1.1998) by 1997 c. 48, s. 7(3)(a); S.I. 1997/2323, art. 4, Sch. 2

F2 Words in s. 65 substituted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 2(2); S.I. 1993/2050, art. 3(4)

F3 S. 65(2) substituted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 2(3); S.I. 1993/2050, art. 3(4)

F4 Words in s. 65(2)(a) substituted (S.)(1.1.1998) by 1997 c. 48, s. 7(3)(b)(i); S.I. 1997/2323, art. 4, Sch. 2

F5 Words in s. 65(2) repealed (S.)(1.1.1998) by 1997 c. 48, ss. 7(3)(b)(ii), 62(2) Sch. 3; S.I. 1997/2323, art. 4, Sch. 2

F6 S. 65(3) inserted (S.)(1.1.1998) by 1997 c. 48, s. 7(3)(c); S.I. 1997/2323, art. 4, Sch. 2