SCHEDULES

SCHEDULE 9Mental health: Scotland

PART 3Modifications of the Criminal Procedure (Scotland) Act 1995

12Assessment orders: extension

Section 52G(4A)(b) (period for which assessment order may be extended: end point) has effect as if for the words “14 days” there were substituted “12 weeks”.

13Court orders authorising detention

1

Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court—

a

is satisfied that complying with the requirement under that provision for the written or oral evidence of two medical practitioners is impractical or would involve undesirable delay, and

b

is satisfied on the written or oral evidence of a single approved medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners,

and any other conditions for the exercise of the power are met.

2

Those provisions are—

a

section 52M(2) (treatment order);

b

section 53(2) (interim compulsion order);

c

section 54(1) (temporary compulsion order);

d

section 57A(2), (5) and (6) (compulsion order);

e

section 59A(2) (hospital direction);

f

section 60C(2) (acquitted persons: detention for medical examination).

14Admission to hospital

1

The provisions listed in sub-paragraph (2) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.

2

Those provisions are—

a

section 53(8) (interim compulsion order);

b

section 54(2B) (temporary compulsion order);

c

section 57A(5) (compulsion order);

d

section 59A(4) and (7) (hospital direction).