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Criminal Procedure (Scotland) Act 1995

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Criminal Procedure (Scotland) Act 1995, Section 52T is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F152TPrevention of delay in trials: assessment orders and treatment ordersS

(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.]

Textual Amendments

F1Ss. 52A-52U inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. {130}, 333(1)-(4); S.S.I. 2005/161, art. 3 (as amended (27.9.2005) by S.S.I. 2005/465, art. 2, Sch. 1 para. 32(13)(a)(i)(ii) and {Sch. 2})

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