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PART XIU.K. Sentencing

[F1Mental health treatment requirementS

Textual Amendments

F1Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

227SMental health treatment requirements: medical evidenceS

(1)For the purposes of section 227R(4)(a) or (b), a written report purporting to be signed by an approved medical practitioner (within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) may be received in evidence without the need for proof of the signature or qualifications of the practitioner.

(2)Where such a report is lodged in evidence otherwise than by or on behalf of the offender, a copy of the report must be given to—

(a)the offender, and

(b)the offender's solicitor (if any).

(3)The court may adjourn the case if it considers it necessary to do so to give the offender further time to consider the report.

(4)Subsection (5) applies where the offender is—

(a)detained in a hospital under this Act, or

(b)remanded in custody.

(5)For the purpose of calling evidence to rebut any evidence contained in a report lodged as mentioned in subsection (2), arrangements may be made by or on behalf of the offender for an examination of the offender by a registered medical practitioner.

(6)Such an examination is to be carried out in private.]