Modifications etc. (not altering text)
C1Pt. VI (ss. 52-63) power to apply conferred (prosp.) by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 (the said 1996 c. 46, Sch. 2 was repealed (21.3. 2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 58(2), Sch. 11; S.I. 2005/579, art. 3(i)(ix))
Pt. VI (ss. 52-63) power to apply conferred (prosp.) by 1995 c. 19, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1) (the said 1996 c. 46, Sch. 2 was repealed (21.3. 2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 58(2), Sch. 11; S.I. 2005/579, art. 3(i)(ix))
Pt. VI (ss. 52-63) power to apply conferred (prosp.) by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 4) (the said 1996 c. 46, Sch. 2 was repealed (21.3. 2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 58(2), Sch. 11; S.I. 2005/579, art. 3(i)(ix))
C2Pt. VI (ss. 52-63) applied (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1) (the said 1996 c. 46, Sch. 2 was repealed (21.3. 2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 58(2), Sch. 11; S.I. 2005/579, art. 3(i)(ix))
Pt. VI (ss. 52-63) applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1) (the said 1996 c. 46, Sch. 2 was repealed (21.3. 2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 58(2), Sch. 11; S.I. 2005/579, art. 3(i)(ix))
Pt. VI (ss. 52-63) applied (prosp.) by 1957 c. 53, s. 63C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 4) (the said 1996 c. 46, Sch. 2 was repealed (21.3. 2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 58(2), Sch. 11; S.I. 2005/579, art. 3(i)(ix))
Pt. VI (ss. 52-63) applied (prosp. ) by 1968 c. 20, s. 23(4) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 9) (the said 1996 c. 46, Sch. 2 was repealed (21.3. 2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 58(2), Sch. 11; S.I. 2005/579, art. 3(i)(ix))
Valid from 05/10/2005
Textual Amendments
F1Ss. 59A-59C and preceding cross-heading substituted for s. 59A (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(6); S.S.I. 2005/161, art. 3
(1)This section applies where the court is considering making a hospital direction in relation to an offender under section 59A of this Act.
(2)If directed to do so by the court, the mental health officer shall—
(a)subject to subsection (3) below, interview the offender; and
(b)prepare a report in relation to the offender in accordance with subsection (4) below.
(3)If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.
(4)The report shall state—
(a)the name and address of the offender;
(b)if known by the mental health officer, the name and address of the offender’s primary carer;
(c)in so far as relevant for the purposes of section 59A of this Act, details of the personal circumstances of the offender; and
(d)any other information that the mental health officer considers relevant for the purposes of that section.
(5)In this section, “carer”, “primary”, in relation to a carer, and “mental health officer” have the same meanings as in section 57C of this Act.]
Textual Amendments
F2Ss. 59A-59C and preceding cross heading substituted for s. 59A (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(6); S.S.I. 2005/161, art. 3
(1)If, before the expiry of the period of 7 days beginning with the day on which a hospital direction is made, it appears to the court, or, as the case may be, the Scottish Ministers, that, by reason of emergency or other special circumstances, it is not reasonably practicable for the offender to be admitted to the hospital specified in the hospital direction, the court, or, as the case may be, the Scottish Ministers, may direct that the offender be admitted to such other hospital as is specified.
(2)Where—
(a)the court makes a direction under subsection (1) above, it shall inform the person having custody of the offender; and
(b)the Scottish Ministers make such a direction, they shall inform—
(i)the court; and
(ii)the person having custody of the offender.
(3)Where a direction is made under subsection (1) above, the hospital direction shall have effect as if the hospital specified in the hospital direction were the hospital specified by the court, or, as the case may be, the Scottish Ministers, under subsection (1) above.
(4)In this section, “court” means the court which made the hospital direction.]
Textual Amendments
F3Ss. 59A-59C and preceding cross heading substituted for s. 59A (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(6); S.S.I. 2005/161, art. 3