Crime and Punishment (Scotland) Act 1997

9 (1) The Mental Health (Scotland) Act 1984 shall be amended in accordance with this paragraph.

(2) In section 60 (effect of hospital orders)—

(a) in subsection (1)(a)—

(i) after the word “officer” there shall be inserted the words “ , an officer on the staff of the hospital specified in the order ”; and

(ii) for the words “28” there shall be substituted the word “ 7 ”;

(b) in subsection (4), for the words “28” there shall be substituted the word “ 7 ”.

(3) In section 62 (restriction orders)—

(a) after subsection (1) there shall be inserted the following subsection—

“(1A) Where the managers of a hospital specified in a restriction order propose to admit the patient to a hospital unit in that hospital, they shall, if that unit was not so specified, notify the Secretary of State and the Mental Welfare Commission of the patient’s proposed admission to and detention in that unit; and the patient shall not be so admitted unless the Secretary of State has consented to the proposed admission.”; and

(b) in subsection (3), for the words “section 178(3) and 379(3) of the said Act of 1975” there shall be substituted the words “ section 59(3) of the said Act of 1995 ”.

(4) In section 71 (removal to hospital of persons serving sentences of imprisonment and other persons), in subsection (4) at the beginning there shall be inserted the following words “ Subject to section 71A of this Act, ”.

(5) After section 71 there shall be inserted the following section—

“71A Further provision as to persons removed to hospital under section 71.

“71A (1) Where the Secretary of State is satisfied, in relation to a person in respect of whom he has made a transfer direction under section 71(1) of this Act, that—

(a) either—

(i) the person is not suffering from mental disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment; or

(ii) it is not necessary for the health or safety of the person or for the protection of other persons that he should receive such treatment; and

(b) it is not appropriate for the person to remain liable to be recalled to hospital for further treatment,

he shall by warrant direct that the person be remitted to any prison or other institution or place in which he might have been detained had he not been removed to hospital and that he be dealt with there as if he had not been so removed.

(2) Where the Secretary of State is satisfied as to the matters mentioned in subsection (1)(a) above, but not as to the matters mentioned in subsection (1)(b) above, he may either—

(a) by warrant give such direction as is mentioned in subsection (1) above; or

(b) decide that the person shall continue to be detained in hospital.

(3) If a direction is given under subsection (1) or (2)(a) above, then on the person’s arrival in the prison or other institution or place to which he is remitted by virtue of that subsection the transfer direction shall cease to have effect.”.

(6) In section 72(2) (restriction directions) for the words “section 178 or 379 of the M1 Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 59 of the M2 Criminal Procedure (Scotland) Act 1995 ”.

(7) In section 74 (further provision as to transfer directions and restriction orders) in subsection (6), at the end there shall be added the words “ or under Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997 ”.

(8) In section 77 (transfers to England and Wales), after subsection (5) there shall be inserted the following subsection—

“(5A) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a hospital direction made by a court in Scotland, he shall be treated as if any sentence of imprisonment passed at the time at which the hospital direction was made had been imposed by a court in England and Wales.”.

(9) In section 80 (transfers to Northern Ireland), after subsection (6), there shall be inserted the following subsection—

“(6A) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a hospital direction made by a court in Scotland, he shall be treated as if any sentence of imprisonment passed at the time at which the hospital direction was made had been imposed by a court in Northern Ireland.”.

(10) In section 82(2) (removal of certain patients from the Channel Islands), for the words “section 174 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 57(2)(a) and (b) of the Criminal Procedure (Scotland) Act 1995 ”.

(11) In section 96 (application of provisions relating to consent to treatment), in paragraph (b) for the words “section 177 or 378 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 58(9) of the M3 Criminal Procedure (Scotland) Act 1995 ”.

(12) In section 106(4) (protection of mentally handicapped patients), for the words “Section 18 of the M4 Sexual Offences (Scotland) Act 1976” there shall be substituted the words “ Section 16 of the M5 Criminal Law (Consolidation)(Scotland) Act 1995 ”.

(13) In section 107(3) (further protection of patients), for the words “section 80(6) of the M6 Criminal Justice (Scotland) Act 1980” there shall be substituted the words “ section 13(4) of the Criminal Law (Consolidation) (Scotland) Act 1995 ”.

(14) In section 121A (warrants for arrest of escaped patients)—

(a) in subsection (1), for the words “section 30 or 108 of the M7 Mental Health Act (Northern Ireland) 1961” there shall be substituted the words “ Articles 29, 45(6) and 132 of the M8 Mental Health (Northern Ireland) Order 1986 ”;

(b) in subsection (3), for the words “section 107 of the Mental Health Act (Northern Ireland) 1961” there shall be substituted the words “ Article 131 of the Mental Health (Northern Ireland) Order 1986 ”; and

(c) in subsection (4)—

(i) in the definition of “convicted mental patient”, for the words “the Mental Health Act (Northern Ireland) 1961” there shall be substituted the words “ the Mental Health (Northern Ireland) Order 1986 ”; and

(ii) in the definition of “place of safety”, for the words “the said Act of 1961” there shall be substituted the words “ the said Order of 1986 ”.

(15) In section 125(1), after the definition of “hospital order” there shall be inserted the following definition—

• ““hospital unit” means any part of a hospital which is treated as a separate unit;”.

(16) In Part II of Schedule 2 (application of provisions of Part V to restricted patients), for paragraph 6 there shall be substituted the following paragraph—

“6, In section 29—

(a) for subsection (1) there shall be substituted—

“(1) A patient who is for the time being detained in a hospital or a hospital unit specified in a restriction order or a hospital direction or notified to the Secretary of State under section 62(1A) or 62A(2) of this Act may, with the consent of the Secretary of State, be transferred by the managers of the hospital—

(a) to another hospital, with the consent of the managers of that hospital; or

(b) to another hospital unit—

(i) in the hospital managed by them; or

(ii) in another hospital with the consent of the managers of that hospital.”;

(b) in subsection (2)—

(i) after the word “hospital” there shall be inserted the words “within which or”; and

(ii) the words after “transferred” shall be omitted; and

(c) in subsection (3) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction by virtue of which he was liable under Part VI of this Act to be detained before being transferred were an order or direction for his admission or removal to the hospital or hospital unit to which he is transferred.”.”

Marginal Citations

M1 1975 c.21.

M2 1995 c.46.

M3 1995 c.46.

M4 1976 c.67.

M5 1995 c.39.

M6 1980 c.62.

M7 1961 c.15. (N.I.)

M8 S.I. 1986/595 (N.I. 4).