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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 52C

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No versions valid at: 01/04/1996

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Point in time view as at 01/04/1996. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 52C is up to date with all changes known to be in force on or before 04 March 2025. 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. Help about Changes to Legislation

Valid from 05/10/2005

[F152CScottish Ministers' power to apply for assessment orderS

(1)Where—

(a)a person has been charged with an offence;

(b)the person has not been sentenced;

(c)the person is in custody; and

(d)it appears to the Scottish Ministers that the person has a mental disorder,

the Scottish Ministers may apply to the court for an assessment order in respect of that person.

(2)Where the Scottish Ministers apply for an order under subsection (1) above, they shall, as soon as reasonably practicable after making the application, inform the persons mentioned in subsection (3) below of the making of the application.

(3)Those persons are—

(a)the person in respect of whom the application is made;

(b)any solicitor acting for the person; and

(c)in a case where a relevant disposal has not been made in the proceedings in respect of the offence with which the person is charged, the prosecutor.

(4)In this section, “court” and “relevant disposal” have the same meanings as in section 52B of this Act.]

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