Criminal Procedure (Scotland) Act 1975

Changes over time for: Section 322

Version Superseded: 01/04/1996

Alternative versions:

01/02/1991- Amendment
26/09/1995
Point in time
01/04/1996- Amendment

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Point in time view as at 26/09/1995. This version of this provision has been superseded.

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Criminal Procedure (Scotland) Act 1975, Section 322 is up to date with all changes known to be in force on or before 03 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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322 Warrants for arrest of escaped prisoners and mental patients.S

(1)On an application being made to a sheriff or justice alleging that any person is—

(a)an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or

(b)a convicted mental patient liable to be retaken under [F1section 18, 38(7) or 138 of the M1Mental Health Act 1983], [F2section 28, 44 or 121 of the M2Mental Health (Scotland) Act 1984] or section 30 or 108 of the M3Mental Health Act (Northern Ireland) 1961 (retaking of mental patients who are absent without leave or have escaped from custody);

the sheriff or justice may issue a warrant to arrest him and bring him before any sheriff.

(2)Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.

(3)[F3Section 137 of the M4Mental Health Act 1983], [F4section 120 of the M5Mental Health (Scotland) Act 1984] and section 107 of the M6Mental Health Act (Northern Ireland) 1961 (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of [F3the said Act of 1983], [F41984] or 1961, as the case may be, to be so conveyed, kept or detained.

(4)In this section—

“convicted mental patient” means a person liable after being convicted of an offence to be detained under [F5Part III of the M7Mental Health Act 1983, [F6Part VI of the M8Mental Health (Scotland) Act 1984]], Part III of the M9Mental Health Act (Northern Ireland) 1961 or section 330, 376, 378 or 379 of this Act in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F7or a person liable to be detained under][F5section 38 to the said Act of 1983];
“place of safety” has the same meaning as in [F5Part II of the said Act of 1983], or Part III of the said Act of 1961, or section 462 of this Act as the case may be;
“Prison Act” means the M10Prison Act 1952, the M11Prisons (Scotland) Act 1952 or the M12Prison Act (Northern Ireland) 1953, as the case may be.