Mental Health (Scotland) Act 1984 (c. 36)

Part VI E+W+S Detention of Patients concerned in Criminal Proceedings etc. and Transfer of Patients under Sentence

Provisions for compulsory detention and guardianship of patients charged with offences etc. E+W+S

62 Effect of restriction orders. S

(1) The special restrictions applicable to a patient in respect of whom a restriction order made under [F1 section 59 of the Criminal Procedure (Scotland) Act 1995] is in force are as follows, that is to say—

(a) none of the provisions of Part V of this Act relating to the duration, renewal and expiration of authority for the detention of patients shall apply, and the patient shall continue to be liable to be detained by virtue of the relevant hospital order until he is absolutely discharged under sections 63 to 68 of this Act;

[F2 (aa) none of the provisions of Part V of this Act relating to community care orders shall apply;]

(b) the following powers shall be exercisable only with the consent of the Secretary of State, that is to say—

(i) power to grant leave of absence to the patient under section 27 of this Act; and

(ii) power to transfer the patient under section 29 of this Act;

and if leave of absence is granted under the said section 27 the power to recall the patient under that section shall be vested in the Secretary of State as well as in the responsible medical officer; and

(c) the power to take the patient into custody and return him under section 28 of this Act may be exercised at any time,

and in relation to any such patient the provisions of the said Part V specified in Part II of the Second Schedule to this Act shall have effect subject to the exceptions and modifications set out in that Part and the remaining provisions of Part V shall not apply.

[F3 (1A) Where the managers of a hospital specified in a restriction order propose to admit the patient to a hospital unit in that hospital, they shall, if that unit was not so specified, notify the Secretary of State and the Mental Welfare Commission of the patient’s proposed admission to and detention in that unit; and the patient shall not be so admitted unless the Secretary of State has consented to the proposed admission.]

(2) While a person is a restricted patient within the meaning of section 63 of this Act or a person to whom section 67 (persons treated as restricted patients) of this Act applies, the responsible medical officer shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require.

(3) Without prejudice to the provisions of [F4 section 59(3) of the said Act of 1995], where a restriction order in respect of a patient ceases to have effect while the relevant hospital order continues in force, the provisions of section 60 of this Act and Part I of the Second Schedule to this Act shall apply to the patient as if he had been admitted to the hospital in pursuance of a hospital order (without a restriction order) made on the date on which the restriction order ceased to have effect.

Textual Amendments

F1 Words in s. 62(1) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4, para. 50(4) (with Sch. 3, paras. 1, 3)

F2 S. 62(1)(aa) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2, para. 4

F3 S. 62(1A) inserted (1.1.1998) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(3)(a); S.I. 1997/2323 art. 4, Sch. 2

F4 Words in s. 62(3) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1, para. 9(3)(b); S.I. 1997/1712 art. 3, Sch.

Modifications etc. (not altering text)

C1 S. 62(1) extended (1.4.1996) by 1995 c. 46, ss. 57(2)(b), 59(1), 309(2) (with 24(2))