Criminal Procedure (Scotland) Act 1975

178 Power of court to restrict discharge from hospital. S

(1) Where a hospital order is made in respect of a person, and it appears to the court, having regard to the nature of the offence with which he is charged, the antecedents of the person and the risk that as a result of his mental disorder he would commit offences if set at large, that it is necessary for the protection of the public [F1 from serious harm] so to do, the court may, subject to the provisions of this section, further order that the person shall be subject to the special restrictions set out in [F2 section 62(1) of the M1 Mental Health (Scotland) Act 1984], either without limit of time or during such period as may be specified in the order.

(2) An order under this section (in this Act referred to as [F3 “a restriction order”] shall not be made in the case of any person unless the medical practitioner approved by the Health Board for the purposes of [F4 section 20 or section 39 of the M2 Mental Health (Scotland) Act 1984], whose evidence is taken into account by the court under section 175(1)(a) of this Act, has given evidence orally before the court.

(3) Where [F5 a restriction order is in force in respect of a patient], a guardianship order shall not be made in respect of him; and where the hospital order relating to him ceases to have effect by virtue of [F6 section 60(4) of the M3 Mental Health (Scotland) Act 1984] on the making of another hospital order, that order shall have the same effect in relation to [F7 the restriction order] as the previous hospital order, but without prejudice to the power of the court making that other hospital order to make [F8 another restriction order] to have effect on the expiration of the previous such order.

Textual Amendments

F1 Words inserted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), s. 22(2) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)

F2 Words inserted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 28(a)

F3 Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(a) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)

F4 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 28(b)

F5 Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(b)(i)

F6 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 28(c)

F7 Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(b)(ii) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)

F8 Words substituted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 33(b)(iii) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)

Modifications etc. (not altering text)

C1 S. 178 extended by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 15(3)

C2 S. 178(3) extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 76

Marginal Citations

M1 1984 c. 36(85).

M2 1984 c. 36(85).

M3 1984 c. 36(85).