Criminal Procedure (Scotland) Act 1975

180 Remand for inquiry into physical or mental condition. S

(1) Without prejudice to any powers exercisable by a court under the last foregoing section, where a person is charged before a court with an offence punishable with imprisonment, and the court is satisfied that he did the act or made the omission charged but is of opinion that an inquiry ought to be made into his physical or mental condition before the method of dealing with him is determined, the court shall remand him in custody or on bail for such period or periods, no single period exceeding three weeks, as the court thinks necessary to enable a medical examination and report to be made.

(2) Where a person is remanded on bail under this section, . . . F1 it shall be a condition of the [F2 order granting bail] that he shall—

(a) undergo a medical examination by a duly qualified medical practitioner or, where the inquiry is into his mental condition and the [F2 order granting bail] so specifies, two such practitioners; and

(b) for the purpose attend at an institution or place, or on any such practitioner specified in the [F2 order granting bail] and, where the inquiry is into his mental condition, comply with any directions which may be given to him for the said purpose by any person so specified or by a person of any class so specified;

and, if arrangements have been made for his reception, it may be a condition of the [F2 order granting bail] that the person shall, for the purpose of the examination, reside in an institution or place specified as aforesaid, not being an institution or place to which he could have been remanded in custody, until the expiry of such period as may be so specified or until he is discharged therefrom, whichever first occurs.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) On exercising the powers conferred by this section the court shall—

(a) where the person is remanded in custody, send to the institution or place in which he is detained, and

(b) where the person is released on bail, send to the institution or place at which or the person by whom he is to be examined,

a statement of the reasons for which the court is of opinion that an inquiry ought to be made into his physical or mental condition, and of any information before the court about his physical or mental condition.

[F4 (5) A person remanded under this section may appeal against the refusal of bail or against the conditions imposed within 24 hours of his remand, by note of appeal presented to the High Court, and the High Court, either in court or in chambers, may after hearing parties—

(a) review the order and grant bail on such conditions as it thinks fit; or

(b) confirm the order.]

Textual Amendments

F1 Words repealed by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), Sch. 2

F2 Words substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), Sch. 1 para. 5

F3 S. 180(3) repealed by Bail etc. (Scotland) Act 1980 (c. 4), Sch. 2

F4 S. 180(5) added by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), s. 6(b)