Criminal Procedure (Scotland) Act 1995

Disposal in case of insanity S

57 Disposal of case where accused found to be insane. S

(1) This section applies where—

(a) a person is, by virtue of section 54(6) or 55(3) of this Act, acquitted on the ground of his insanity at the time of the act or omission; or

(b) following an examination of facts under section 55, a court makes a finding under subsection (2) of that section.

(2) Subject to subsection (3) below, where this section applies the court may, as it thinks fit—

(a) make an order (which shall have the same effect as a hospital order) that the person be detained in such hospital as the court may specify;

(b) in addition to making an order under paragraph (a) above, make an order (which shall have the same effect as a restriction order) that the person shall, without limit of time, be subject to the special restrictions set out in section 62(1) of the M1 Mental Health (Scotland) Act 1984;

(c) make an order (which shall have the same effect as a guardianship order) placing the [F1 person’s personal welfare] under the guardianship of a local authority or of a person approved by a local authority;

(d) make a supervision and treatment order (within the meaning of paragraph 1(1) of Schedule 4 to this Act); or

(e) make no order.

(3) Where the offence with which the person was charged is murder, the court shall make orders under both paragraphs (a) and (b) of subsection (2) above in respect of that person.

(4) Sections 58(1), [F2 58(1A),] (2) and (4) to (7) and 59 and 61 of this Act shall have effect in relation to the making, terms and effect of an order under paragraph (a), (b) or (c) of subsection (2) above as those provisions have effect in relation to the making, terms and effect of, respectively, a hospital order, a restriction order and a guardianship order as respects a person convicted of an offence, other than an offence the sentence for which is fixed by law, punishable by imprisonment.

(5) Schedule 4 to this Act shall have effect as regards supervision and treatment orders.

[F3 (6) Section 58A of this Act shall have effect as regards guardianship orders made under subsection (2)(c) of this section.]

Textual Amendments

F1 Words in s. 57(2)(c) substituted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 26(1)(a); S.S.I. 2001/81, art. 3, Sch. 2

F2 Words in s. 57(4) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 26(1)(b); S.S.I. 2001/81, art. 3, Sch. 2

F3 S. 57(6) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 26(1)(c); S.S.I. 2001/81, art. 3, Sch. 2

Modifications etc. (not altering text)

C1 S. 57(2)(a) extended (1.1.1998) by 1997 c. 48, s. 9(1)(a) (subject to s. 9(2)); S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)

Marginal Citations

M1 1984 c.36.