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 F1from 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 F2section 62(1) of the M1Mental Health (Scotland) Act 1984, either without limit of time or during such period as may be specified in the order.

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 F4section 20 or section 39 of the M2Mental 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.

Where F5a 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 F6section 60(4) of the M3Mental Health (Scotland) Act 1984 on the making of another hospital order, that order shall have the same effect in relation to F7the restriction order as the previous hospital order, but without prejudice to the power of the court making that other hospital order to make F8another restriction order to have effect on the expiration of the previous such order.