PART VI Mental Disorder

F2Hospital directions

Annotations:
Amendments (Textual)
F2

Ss. 59A-59C and preceding cross-heading substituted for s. 59A (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(6); S.S.I. 2005/161, art. 3

F159BHospital direction: mental health officer’s report

1

This section applies where the court is considering making a hospital direction in relation to an offender under section 59A 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 59A 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”, “primary”, in relation to a carer, and “mental health officer” have the same meanings as in section 57C of this Act.