PART VI Mental Disorder

F1Prevention of delay in trials

Annotations:

52TPrevention of delay in trials: assessment orders and treatment orders

1

Subsections (4) to (9) of section 65 of this Act shall apply in the case of a person committed for an offence until liberated in due course of law who is detained in hospital by virtue of an assessment order or a treatment order as those subsections apply in the case of an accused who is—

a

committed for an offence until liberated in due course of law; and

b

detained by virtue of that committal.

2

Section 147 of this Act shall apply in the case of a person charged with an offence in summary proceedings who is detained in hospital by virtue of an assessment order or a treatment order as it applies in the case of an accused who is detained in respect of that offence.

3

Any period during which, under—

a

section 221 (as read with sections 222 and 223) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); or

b

section 224 (as read with sections 225 and 226) of that Act,

a patient’s detention is not authorised shall be taken into account for the purposes of the calculation of any of the periods mentioned in subsection (4) below.

4

Those periods are—

a

the total periods of 80 days, 110 days and 140 days referred to in subsection (4) of section 65 of this Act as applied by subsection (1) above;

b

those total periods as extended under subsection (5) or, on appeal, under subsection (8) of that section as so applied;

c

the total of 40 days referred to in section 147 of this Act (prevention of delay in trials in summary proceedings) as applied by subsection (2) above; and

d

that period as extended under subsection (2) of that section or, on appeal, under subsection (3) of that section as so applied.