Mental Health (Scotland) Act 1984

73 Further provisions as to persons removed to hospital while awaiting trial etc.

(1) Subject to the following provisions of this section any transfer order made in respect of a person under section 70(1) of this Act shall cease to have effect if the proceedings in respect of him are dropped or when his case is disposed of by the court to which he was committed, or by which he was remanded, but without prejudice to any power of that court to make a hospital order or other order under section 174A, 175, 178, 375A, 376 or 379 of the Criminal Procedure (Scotland) Act 1975 in his case.

(2) Where a transfer order has been made in respect of any such person as aforesaid, then, if the Secretary of State is notified by the responsible medical officer at any time before that person is brought before the court to which he was committed, or by which he was remanded, that he no longer requires treatment for mental disorder, the Secretary of State may by warrant direct that he be remitted to any place where he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed, and on his arrival at the place to which he is so remitted the transfer order shall cease to have effect.

(3) Where a transfer order in respect of any person ceases to have effect under subsection (1) of this section, then unless his case has been disposed of by the court—

(a) passing a sentence of imprisonment (within the meaning of section 175(7) or 376(10) of the said Act of 1975) on him; or

(b) making a probation order under section 183, 184, 384 or 385 of the said Act of 1975 in relation to him; or

(c) making a hospital order or guardianship order in his case,

he shall continue to be liable to be detained in the hospital in which he was detained under the transfer order as if he had been admitted thereto, on the date on which that order ceased to have effect, in pursuance of an application for admission made under Part V of this Act, and the provisions of this Act shall apply accordingly.