Criminal Procedure (Scotland) Act 1995

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Blanket amendment text amended by S.I. 2011/1043 art. 3 4

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

s. 75C inserted by S.S.I. 2011/430 s. 2(2)
s. 137ZB inserted by S.S.I. 2011/430 s. 2(4)
s. 176A inserted by 2011 asp 16 Sch. para. 13
s. 227ZO inserted by S.I. 2011/2298 Sch. para. 5
Sch. 13 inserted by S.I. 2011/2298 Sch. para. 6

Commencement Orders yet to be applied to the Criminal Procedure (Scotland) Act 1995:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
S.I. 2011/1418 art. 2 commences (2010 c. 23)
S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
S.S.I. 2011/157 art. 2 commences (2007 asp 14)
S.S.I. 2011/178 art. 2 commences (2010 asp 13)
S.S.I. 2011/188 art. 2 commences (2007 asp 6)
S.S.I. 2011/365 art. 3 commences (2011 asp 16)

Disposal in case of insanityS

57 Disposal of case where accused found to be insane.S

(1)This section applies where—

(a)a person is, by virtue of section 54(6) or 55(3) of this Act, acquitted on the ground of his insanity at the time of the act or omission; or

(b)following an examination of facts under section 55, a court makes a finding under subsection (2) of that section.

(2)Subject to subsection (3) below, where this section applies the court may, as it thinks fit—

(a)[F1subject to subsection (4) below, make a compulsion order authorising the detention of the person in a hospital];

(b)in addition to making [F2such a compulsion order, subject to subsection (4A) below, make a restriction order in respect of the person] ;

[F3[F4(bb)subject to subsections (3A) and (4B) below, make an interim compulsion order in respect of the person;]]

(c)[F5subject to subsections (4C) and (6) below, make a guardianship order in respect of the person];

(d)[F6subject to subsection (5) below,]make a supervision and treatment order (within the meaning of paragraph 1(1) of Schedule 4 to this Act [F7in respect of the person]); or

(e)make no order.

[F8(3)Where the court is satisfied, having regard to a report submitted in respect of the person following an interim [F9compulsion] order, that, on a balance of probabilities, the risk his being at liberty presents to the safety of the public at large is high, it shall make orders under both paragraphs (a) and (b) of subsection (2) above in respect of that person.]

[F10(3A)The court may make an interim compulsion order under paragraph (bb) of subsection (2) above in respect of a person only where it has not previously made such an order in respect of the person under that paragraph.]

[F11(4)For the purposes of subsection (2)(a) above—

(a)subsections (2) to (16) of section 57A of this Act shall apply as they apply for the purposes of subsection (1) of that section, subject to the following modifications—

(i)references to the offender shall be construed as references to the person to whom this section applies; and

(ii)in subsection (4)(b)(i), the reference to the offence of which the offender was convicted shall be construed as a reference to the offence with which the person to whom this section applies was charged;

(b)section 57B of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies;

(c)section 57C of this Act shall have effect subject to the following modifications—

(i)references to the offender shall be construed as references to the person to whom this section applies; and

(ii)references to section 57A of this Act shall be construed as references to subsection (2)(a) above; and

(d)section 57D of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies.

(4A)For the purposes of subsection (2)(b) above, section 59 of this Act shall have effect.

(4B)For the purposes of subsection (2)(bb) above—

(a)subsections (2) to (13) of section 53 of this Act shall apply as they apply for the purposes of subsection (1) of that section, subject to the following modifications—

(i)references to the offender shall be construed as references to the person to whom this section applies;

(ii)in subsection (3)(a)(ii), the reference to one of the disposals mentioned in subsection (6) of that section shall be construed as a reference to the disposal mentioned in subsection (6)(a) of that section;

(iii)in subsection (4)(a), the reference to the offence of which the offender is convicted shall be construed as a reference to the offence with which the person to whom this section applies is charged; and

(iv)subsection (6)(b) shall not apply;

(b)section 53A of this Act shall have effect subject to the modification that references to the offender shall be construed as references to the person to whom this section applies;

(c)section 53B of this Act shall have effect subject to the following modifications—

(i)references to the offender shall be construed as references to the person to whom this section applies; and

(ii)for paragraphs (a) and (b) of subsection (8) there shall be substituted “, revoke the interim compulsion order and—

(a)make an order in respect of the person under paragraph (a), (b), (c) or (d) of subsection (2) of section 57 of this Act; or

(b)decide, under paragraph (e) of that subsection, to make no order in respect of the person.”;

(d)section 53C of this Act shall have effect subject to the following modifications—

(i)references to the offender shall be construed as references to the person to whom this section applies; and

(ii)for paragraphs (a) to (c) of subsection (1) there shall be substituted—

“(a)makes an order in respect of the person under paragraph (a), (b), (c) or (d) of subsection (2) of section 57 of this Act; or

(b)decides, under paragraph (e) of that subsection, to make no order in respect of the person.”; and

(e)section 53D of this Act shall have effect subject to the modification that the reference to the offender shall be construed as a reference to the person to whom this section applies.

(4C)For the purposes of subsection (2)(c) above, subsections (1A), (6) to (8) and (11) of section 58 of this Act shall apply, subject to the modifications that the reference to a person convicted and any references to the offender shall be construed as references to the person to whom this section applies.]

(5)Schedule 4 to this Act shall have effect as regards supervision and treatment orders.

[F12(6)Section 58A of this Act shall have effect as regards guardianship orders made under subsection (2)(c) of this section.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 57(2)(a) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(a)(i); S.S.I. 2005/161, art. 3

F2Words in s. 57(2)(b) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(a)(ii); S.S.I. 2005/161, art. 3

F3S. 57(2)(bb) inserted (4.10.2005) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 2(a), 89; S.S.I. 2005/433, art. 2

F4S. 57(2)(bb) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(a)(iii); S.S.I. 2005/161, art. 3

F5Words in s. 57(2)(c) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(a)(iv); S.S.I. 2005/161, art. 3

F6Words in s. 57(2)(d) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(a)(v)(A); S.S.I. 2005/161, art. 3

F7Words in s. 57(2)(d) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(a)(v)(B); S.S.I. 2005/161, art. 3

F8S. 57(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {2(b)}, 89; S.S.I. 2003/288, art. 2, Sch.

F9Word in s. 57(3) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(b); S.S.I. 2005/161, art. 3

F10S. 57(3A) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(c); S.S.I. 2005/161, art. 3

F11S. 57(4)-(4C) substituted (5.10.2005) for s. 57(4) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(3)(d); S.S.I. 2005/161, art. 3