Search Legislation

Management of Offenders (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 26

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Management of Offenders (Scotland) Act 2019. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Prospective

26Disclosure period: compulsion ordersS

This section has no associated Explanatory Notes

(1)The 1974 Act is amended as follows.

(2)After section 5F (inserted by section 25) there is inserted—

5GDisclosure period: compulsion orders

(1)The disclosure period applicable to a compulsion order—

(a)if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(a) of that section, or

(b)under section 57A of that Act,

is a period beginning with the date of the conviction in respect of which the order was made and ending on the date the order ceases or ceased to have effect.

(2)Subsection (1) is subject to sections 164A and 167A of the Mental Health (Care and Treatment) (Scotland) Act 2003.

(3)Where the Mental Health Tribunal for Scotland makes a determination under section 167A(3) of that Act in relation to a person—

(a)the person is, with effect from the date on which the disclosure period applicable to the compulsion order ends by virtue of that section, to be treated for the purposes of this Act as a protected person, and

(b)the person's conviction in respect of which the compulsion order was made is for those purposes to be treated as spent.

(4)Subsection (3) is subject to section 6(2)..

(3)The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.

(4)After section 164 there is inserted—

164AApplication to end disclosure period for compulsion order

(1)This section applies where a patient is subject to a relevant compulsion order.

(2)Either of the persons mentioned in subsection (3) may make an application under this section to the Tribunal for a determination under section 167A that the disclosure period applicable to the compulsion order is to come to an end.

(3)The persons referred to in subsection (2) are—

(a)the patient, and

(b)the patient's named person.

(4)An application under this section may not be made until the expiry of the period of 12 months beginning with the day on which the order is made (or is deemed under section 198(2) to be made).

(5)Where an application under this section relating to a compulsion order has already been refused by the Tribunal, a further such application relating to the order may not be made until the expiry of the period of 12 months beginning with the date of such refusal (or, where applicable, the date of the most recent such refusal).

(6)An application under this section must be accompanied by such documents as may be prescribed by regulations..

(5)After section 167 there is inserted—

167ADuties of Tribunal on application under section 164A

(1)This section applies where an application is made under section 164A in respect of a patient.

(2)If the Tribunal is satisfied that, without the provision of medical treatment of the kind mentioned in section 139(4)(b) to the patient, there would be a significant risk to the safety of other persons, it must refuse the application.

(3)If the Tribunal is not satisfied as mentioned in subsection (2), it must determine that the disclosure period applicable to the compulsion order ends with immediate effect.

(4)Before refusing an application under subsection (2) or making a determination under subsection (3), the Tribunal must afford the persons mentioned in subsection (5) the opportunity—

(a)of making representations (whether orally or in writing), and

(b)of leading, or producing, evidence.

(5)Those persons are—

(a)the patient,

(b)the patient's named person,

(c)any guardian of the patient,

(d)any welfare attorney of the patient,

(e)the mental health officer,

(f)the patient's responsible medical officer,

(g)the patient's primary carer,

(h)any curator ad litem appointed in respect of the patient by the Tribunal, and

(i)any other person appearing to the Tribunal to have an interest in the application.

(6)In this section and section 164A—

(a)disclosure period”, in relation to a compulsion order, is to be construed in accordance with the Rehabilitation of Offenders Act 1974,

(b)references to the disclosure period applicable to a compulsion order are to be construed in accordance with section 5G(1) of that Act.

167BDuty to notify outcome of applications under section 164A

(1)The Scottish Ministers may require the Tribunal to provide the information mentioned in subsection (3) in respect of a person.

(2)Where a requirement is made under subsection (1), the Tribunal must, before the expiry of the period of 15 working days beginning with the day on which the requirement is made, provide the Scottish Ministers with the information.

(3)The information is whether a refusal under subsection (2) of section 167A has been given, or a determination under subsection (3) of that section has been made, in relation to the person to whom the request relates.

(4)In subsection (2), “working day” has the meaning given by section 47(8)..

(6)In section 257A (ability to act if no named person), in subsection (3), after “164(2)” there is inserted “ 164A, ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources