PART VI Mental Disorder

F1Compulsion orders

Annotations:
Amendments (Textual)
F1

Ss. 57A-57D and cross-heading inserted (21.3.2005 for certain purposes and otherwise 5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 133, 333(1)-(4); S.S.I. 2005/161, arts. 2, 3, Sch. 1 (as amended (27.9.2005) by S.S.I. 2005/465, art. 2, Sch. 1 para. 32(14))

57CMental health officer’s report

1

This section applies where the court is considering making a compulsion order in relation to an offender under section 57A of this Act.

2

If directed to do so by the court, the mental health officer shall—

a

subject to subsection (3) below, interview the offender; and

b

prepare a report in relation to the offender in accordance with subsection (4) below.

3

If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.

4

The report shall state—

a

the name and address of the offender;

b

if known by the mental health officer, the name and address of the offender’s primary carer;

c

in so far as relevant for the purposes of section 57A of this Act, details of the personal circumstances of the offender; and

d

any other information that the mental health officer considers relevant for the purposes of that section.

5

In this section—

  • “carer”, and “primary”, in relation to a carer, have the meanings given by section 329(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13);

  • “mental health officer” means a person appointed (or deemed to be appointed) under section 32(1) of that Act; and

  • “named person” has the meaning given by section 329(1) of that Act.