Criminal Justice (Scotland) Act 2003

7 Preparation of risk management plans S

(1) Where the offender is serving a sentence—

(a) of imprisonment in a prison;

(b) of detention in a young offenders institution; or

(c) by virtue of section 208 (detention of children convicted on indictment) of the 1995 Act, of detention in some other place,

the risk management plan is to be prepared by the Scottish Ministers.

(2) Where the offender is detained F1 . . . in a hospital by virtue of—

(a) a [F2 compulsion order under section 57A (compulsion order)] of the 1995 Act;

(b) a hospital direction under section 59A (hospital directions) of the 1995 Act;

[F3 (c) Part 5 (emergency detention), 6 (short term detention) or 7 (compulsory treatment orders) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”);]

(d) a transfer [F4 for treatment direction under section 136 of the 2003 Act],

the risk management plan is to be prepared by the managers of the hospital in which the offender is detained (or liable to be detained).

(3) Where the risk management plan does not require to be prepared by the Scottish Ministers or the managers of a hospital under subsections (1) and (2), the plan is to be prepared by the local authority in whose area the offender resides.

(4) In this section, the expressions “managers of a hospital” and “hospital” are to be construed in accordance with [F5 section 329 (interpretation) of the 2003 Act].

(5) Whoever is required by virtue of this section to prepare the risk management plan is referred to in sections 8 and 9 as the “lead authority”.

Textual Amendments

F1 Words in s. 7(2) repealed (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 3, Sch. 2

F2 Words in s. 7(2)(a) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 34(3)(a)(i)

F3 S. 7(2)(c) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 34(3)(a)(ii)

F4 Words in s. 7(2)(d) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 34(3)(a)(iii)

F5 Words in s. 7(4) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 34(3)(b)