PART 2CRIMINAL CASES

Making and effect of disposals

I142Periods for short-term compulsion

1

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

2

In section 53 (interim compulsion order)—

a

in subsection (3)(c), for the words “expiry of the period of” there is substituted “ end of the day following the ”,

b

in subsection (8)—

i

in paragraph (a), for the words “expiry of the period of” there is substituted “ end of the day following the ”,

ii

in paragraph (b), for the words “12 weeks beginning with the day on which the order is made” there is substituted “ the relevant period given by subsection (8A) below ”,

iii

in paragraph (c), for the words “period of 12 weeks beginning with the day on which the order is made” there is substituted “ relevant period given by subsection (8A) below ”,

c

after subsection (8) there is inserted—

8A

For the purpose of subsection (8)(b) and (c) above, the relevant period is the period—

a

beginning with the day on which the order is made,

b

expiring at the end of the 12 weeks following that day.

3

In section 53A (interim compulsion order: supplementary), in subsection (1), for the words “expiry of the period of” there is substituted “ end of the day following the ”.

4

In section 53B (review and extension of interim compulsion order)—

a

in subsection (4), for the words from “(not exceeding” to “not made)” there is substituted “ not exceeding the relevant period given by subsection (4A) below ”,

b

after subsection (4) there is inserted—

4A

For the purpose of subsection (4) above, the relevant period is the period—

a

beginning with the day on which the order would cease to have effect if it were not extended,

b

expiring at the end of the 12 weeks following that day.

c

in subsection (5), for the words “12 months beginning with the day on which the order was first made.” there is substituted

the period—

a

beginning with the day on which the order was first made,

b

expiring at the end of the 12 months following that day.

5

In section 54 (unfitness for trial: further provision), in subsection (2B)(a), for the words “expiry of the period of” there is substituted “ end of the day following the ”.