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Criminal Procedure (Scotland) Act 1995, Section 52F is up to date with all changes known to be in force on or before 24 December 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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(1)If, before the expiry of the period of 7 days beginning with the day on which an assessment order is made—
(a)in the case of a person who, immediately before the order was made, was in custody, it appears to the Scottish Ministers; or
(b)in any other case, it appears to the court,
that, by reason of emergency or other special circumstances, it is not reasonably practicable for the person to be admitted to the hospital specified in the order, the Scottish Ministers, or, as the case may be, the court, may direct that the person be admitted to the hospital specified in the direction.
(2)Where the court makes a direction under subsection (1) above, it shall, as soon as reasonably practicable after making the direction, inform the person having custody of the person subject to the assessment order of the making of the direction.
(3)Where the Scottish Ministers make a direction under subsection (1) above, they shall, as soon as reasonably practicable after making the direction, inform—
(a)the court;
(b)the person having custody of the person subject to the assessment order; and
(c)in a case where—
(i)the person has been charged with an offence; and
(ii)a relevant disposal has not been made in the proceedings in respect of the offence,
the prosecutor,
of the making of the direction.
(4)Where a direction is made under subsection (1) above, the assessment order shall have effect as if the hospital specified in the direction were the hospital specified in the order.
(5)In this section—
“court” means the court which made the assessment order; and
“relevant disposal” has the same meaning as in section 52B of this Act.]
Textual Amendments
F1Ss. 52A-52U inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 130, 333(1)-(4); S.S.I. 2005/161, art. 3 (as amended (27.9.2005) by S.S.I. 2005/465, art. 2, sch. 1 para. 32(13)(a)(i)(ii), sch. 2)
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