PART VI Mental Disorder
Disposal F13where accused found not criminally responsible
57 Disposal of case where accused found F14not criminally responsible or unfit for trial .
1
This section applies where—
a
a person is F15acquitted by reason of the special defence set out in section 51A of this Act ; 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—
C1a
F1subject to subsection (4) below, make a compulsion order authorising the detention of the person in a hospital;
b
in addition to making F2such a compulsion order, subject to subsection (4A) below, make a restriction order in respect of the person ;
F3F4bb
subject to subsections (3A) and (4B) below, make an interim compulsion order in respect of the person;
c
F5subject to subsections (4C) and (6) below, make a guardianship order in respect of the person;
d
e
make no order.
F83
Where the court is satisfied, having regard to a report submitted in respect of the person following an interim F9compulsion order, that, on a balance of probabilities, the risk his being at liberty presents to the safety of the public at large is high, it shall make orders under both paragraphs (a) and (b) of subsection (2) above in respect of that person.
F103A
The court may make an interim compulsion order under paragraph (bb) of subsection (2) above in respect of a person only where it has not previously made such an order in respect of the person under that paragraph.
F114
For the purposes of subsection (2)(a) above—
a
subsections (2) to (16) of section 57A of this Act shall apply as they apply for the purposes of subsection (1) of that section, subject to the following modifications—
i
references to the offender shall be construed as references to the person to whom this section applies; and
ii
in subsection (4)(b)(i), the reference to the offence of which the offender was convicted shall be construed as a reference to the offence with which the person to whom this section applies was charged;
b
section 57B of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies;
c
section 57C of this Act shall have effect subject to the following modifications—
i
references to the offender shall be construed as references to the person to whom this section applies; and
ii
references to section 57A of this Act shall be construed as references to subsection (2)(a) above; and
d
section 57D of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies.
4A
For the purposes of subsection (2)(b) above, section 59 of this Act shall have effect.
4B
For the purposes of subsection (2)(bb) above—
a
subsections (2) to (13) of section 53 of this Act shall apply as they apply for the purposes of subsection (1) of that section, subject to the following modifications—
i
references to the offender shall be construed as references to the person to whom this section applies;
ii
in subsection (3)(a)(ii), the reference to one of the disposals mentioned in subsection (6) of that section shall be construed as a reference to the disposal mentioned in subsection (6)(a) of that section;
iii
in subsection (4)(a), the reference to the offence of which the offender is convicted shall be construed as a reference to the offence with which the person to whom this section applies is charged; and
iv
subsection (6)(b) shall not apply;
b
section 53A of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies;
c
section 53B of this Act shall have effect subject to the following modifications—
i
references to the offender shall be construed as references to the person to whom this section applies; and
ii
for paragraphs (a) and (b) of subsection (8) there shall be substituted
, revoke the interim compulsion order and—
a
make an order in respect of the person under paragraph (a), (b), (c) or (d) of subsection (2) of section 57 of this Act; or
b
decide, under paragraph (e) of that subsection, to make no order in respect of the person.
d
section 53C of this Act shall have effect subject to the following modifications—
i
references to the offender shall be construed as references to the person to whom this section applies; and
ii
for paragraphs (a) to (c) of subsection (1) there shall be substituted—
a
makes an order in respect of the person under paragraph (a), (b), (c) or (d) of subsection (2) of section 57 of this Act; or
b
decides, under paragraph (e) of that subsection, to make no order in respect of the person.
e
section 53D of this Act shall have effect subject to the modification that the reference to the offender shall be construed as a reference to the person to whom this section applies.
4C
For the purposes of subsection (2)(c) above, subsections (1A), (6) to (8) and (11) of section 58 of this Act shall apply, subject to the modifications that the reference to a person convicted and any references to the offender shall be construed as references to the person to whom this section applies.
5
Schedule 4 to this Act shall have effect as regards supervision and treatment orders.
F126
Section 58A of this Act shall have effect as regards guardianship orders made under subsection (2)(c) of this section.
Words in s. 57 cross-heading substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 38; S.S.I. 2012/160, art. 3, sch.