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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 60C

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Version Superseded: 05/10/2005

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Point in time view as at 01/05/2005. This version of this provision has been superseded. Help about Status

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 60C is up to date with all changes known to be in force on or before 09 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

60CAcquitted persons: detention for medical examinationS

(1)Subject to subsection (7) below, this section applies where a person charged with an offence is acquitted.

(2)If the court by or before which the person is acquitted is satisfied—

(a)on the written or oral evidence of two medical practitioners that the conditions mentioned in subsection (3) below are met in respect of the person; and

(b)that it is not practicable to secure the immediate examination of the person by a medical practitioner,

the court may, immediately after the person is acquitted, make an order authorising the measures mentioned in subsection (4) below for the purpose of enabling arrangements to be made for a medical practitioner to carry out a medical examination of the person.

(3)The conditions referred to in subsection (2)(a) above are—

(a)that the person has a mental disorder;

(b)that medical treatment which would be likely to—

(i)prevent the mental disorder worsening; or

(ii)alleviate any of the symptoms, or effects, of the disorder,

is available for the person; and

(c)that if the person were not provided with such medical treatment there would be a significant risk—

(i)to the health, safety or welfare of the person; or

(ii)to the safety of any other person.

(4)The measures referred to in subsection (2) above are—

(a)the removal of the person to a place of safety by—

(i)a constable; or

(ii)a person specified by the court; and

(b)the detention, subject to subsection (6) below, of the person in that place of safety for a period of 6 hours beginning with the time at which the order under subsection (2) above is made.

(5)If the person absconds—

(a)while being removed to a place of safety under subsection (4) above; or

(b)from the place of safety,

a constable or the person specified by the court under paragraph (a) of that subsection may, at any time during the period mentioned in paragraph (b) of that subsection, take the person into custody and remove the person to a place of safety.

(6)An order under this section ceases to authorise detention of a person if, following the medical examination of the person, a medical practitioner grants—

(a)an emergency detention certificate under section 36 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13); or

(b)a short-term detention certificate under section 44 of that Act.

(7)This section does not apply—

(a)in a case where a declaration is made by virtue of section 54(6) of this Act that the person is acquitted on account of the person’s insanity at the time of doing the act or making the omission constituting the offence with which the person was charged; or

(b)in a case where the court states under section 55(4) of this Act that the person is so acquitted on the ground of such insanity.

(8)In this section, “medical treatment” has the same meaning as in section 52D of this Act.

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