Explanatory Notes

Mental Health (Scotland) Act 2015

2015 asp 9

4 August 2015

The Structure & a Summary of the Act

Part Two – Criminal Cases

Section 42: Periods for short term compulsion

122.Section 53 of the 1995 Act makes provision for interim compulsion orders (ICOs). These orders can be made by the court after conviction if a court is satisfied, on the written or oral evidence of two medical practitioners that the offender has a mental disorder.

Amendment of sections 53, 53A, 53B and 54

123.In the same way that section 40 of the Act amends the timescales for assessment orders, and section 41 amends the time periods for treatment orders, section 42 amends section 53 and section 53A of the 1995 Act in respect of the timescales for ICOs. This section also amends section 53B and section 54 in respect of the timescales for the review and extension of ICOs in the same way.