Criminal Procedure (Scotland) Act 1995 (c. 46)

PART VI S Mental Disorder

[F1 Assessment orders S

Textual Amendments

F1 Ss. 52A-52U inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 130, 333(1)-(4); S.S.I. 2005/161, art. 3 (as amended (27.9.2005) by S.S.I. 2005/465, art. 2, sch. 1 para. 32(13)(a)(i)(ii), sch. 2)

52H Early termination of assessment order S

(1) This section applies where—

(a) in the case of a person who, when the assessment order is made, has not been removed to the hospital specified in the order, the [F2 relevant period given by subsection (1A) below] has not expired;

(b) in the case of a person—

(i) who, when the assessment order is made, has been admitted to the hospital specified in the order; or

(ii) who has been removed under paragraph (a) of subsection (6) of section 52D of this Act to the hospital so specified,

the [F3 relevant period given by subsection (1A) below] has not expired; or

(c) in the case of a person in respect of whom the court has made an order under section 52G(4) of this Act extending the assessment order for a period, the period for which the order was extended has not expired.

[F4 (1A) For the purpose of subsection (1)(a) and (b) above, the relevant period is the period—

(a) beginning with the day on which the order is made,

(b) expiring—

(i) as regards subsection (1)(a) above, at the end of the 7 days following the day mentioned in paragraph (a) of this subsection,

(ii) as regards subsection (1)(b) above, at the end of the 28 days following the day mentioned in paragraph (a) of this subsection.]

(2) An assessment order shall cease to have effect on the occurrence of any of the following events—

(a) the making of a treatment order in respect of the person subject to the assessment order;

(b) in a case where—

(i) the person subject to the assessment order has been charged with an offence; and

(ii) a relevant disposal had not been made in the proceedings in respect of that offence when the order was made,

the making of a relevant disposal in such proceedings;

(c) in a case where the person subject to the assessment order has been convicted of an offence but has not been sentenced—

(i) the deferral of sentence by the court under section 202(1) of this Act;

(ii) the making of one of the orders mentioned in subsection (3) below or

(iii) the imposition of any sentence.

(3) The orders are—

(a) an interim compulsion order;

(b) a compulsion order;

(c) a guardianship order;

(d) a hospital direction;

(e) any order under section 57 of this Act; F5 . . .

(f) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section, “relevant disposal” has the same meaning as in section 52B of this Act.]

Textual Amendments

F2 Words in s. 52H(1)(a) substituted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 40(5)(a)(i), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 19(c))

F3 Words in s. 52H(1)(b) substituted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 40(5)(a)(ii), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 19(c))

F4 S. 52H(1A) inserted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 40(5)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 19(c))

F5 Word in s. 52H(3) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 2(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)

F6 S. 52H(3)(f) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 2(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)