Mental Health (Scotland) Act 1984 (c. 36)

PART VI Detention of Patients concerned in Criminal Proceedings etc. and Transfer of Patients under Sentence

Provisions for compulsory detention and guardianship of patients charged with offences etc.

63 Right of appeal of restricted patients etc.

(1) In this section and in sections 64 to 67 of this Act—

• " restricted patient" means a patient who is subject to a restriction order or to a restriction direction ;

• "relevant hospital order" and "relevant transfer direction", in relation to a restricted patient, mean the hospital order or transfer direction by virtue of which he is liable to be detained in a hospital.

(2) A restricted patient detained in a hospital may appeal by way of summary application to a sheriff of the sheriffdom within which the hospital in which he is liable to be detained is situated—

(a) in the period between the expiration of 6 months and the expiration of 12 months beginning with the date of the relevant hospital order or transfer direction; and

(b) in any subsequent period of 12 months,

to order his discharge under section 64 or 65 of this Act.

(3) The provisions of section 35(3) and (4) of this Act shall have effect in relation to an appeal under sections 63 to 67 of this Act as they have in relation to an appeal under Part V of this Act.