Crime and Punishment (Scotland) Act 1997

7 Effect of hospital direction. S

(1) After section 62 of the 1984 Act, there shall be inserted the following section—

“62A Effect of hospital direction.

(1) A hospital direction made under section 59A of the M1 Criminal Procedure (Scotland) Act 1995 shall be sufficient authority—

(a) for a constable, a mental health officer, an officer on the staff of the hospital specified in the direction or other person directed to do so by the court to convey the person in respect of whom the direction has been made to the hospital specified in the direction within a period of 7 days; and

(b) for the managers of the hospital so specified to admit him at any time within that period and thereafter to detain him in accordance with the provisions of this Act.

(2) Where the managers of a hospital specified in a hospital direction propose to admit the patient to a hospital unit in that hospital, they shall, if that unit was not so specified, notify the Secretary of State and the Mental Welfare Commission of the patient’s proposed admission to and detention in that unit; and the patient shall not be so admitted unless the Secretary of State has consented to the proposed admission.

(3) If within the period of 7 days referred to in subsection (1) of this section it appears to the Secretary of State that by reason of an emergency or other special circumstance it is not practicable for the person to whom the hospital direction relates to be received into the hospital specified in the direction, he may give a direction under this subsection for the admission of that person to such other hospital as appears to be appropriate in lieu of the hospital so specified.

(4) Where a direction is given by the Secretary of State under subsection (3) of this section, he shall cause the person having custody of the person to whom the hospital direction relates to be informed, and the hospital direction shall have effect as if the hospital specified in the direction under subsection (3) of this section were substituted for the hospital specified in the hospital direction.

(5) Where a patient has been admitted to a hospital under a hospital direction—

(a) none of the provisions of Part V of this Act relating to the duration, renewal and expiration of authority for the detention of patients shall apply, and the patient shall continue to be liable to be detained by virtue of the relevant hospital direction until he is remitted to prison in accordance with section 65(2) or 74(3) of this Act or he is discharged in accordance with section 74(8B) of this Act;

(b) the following powers shall be exercisable only with the consent of the Secretary of State, that is to say—

(i) power to grant leave of absence to the patient under section 27 of this Act;

(ii) power to transfer the patient under section 29 of this Act;

and if leave of absence is granted under the said section 27 the power to recall shall be vested in the Secretary of State as well as in the responsible medical officer;

(c) the power to take the patient into custody and return him under section 28 of this Act may be exercised at any time,

and in relation to any such patient the provisions of the said Part V specified in Part II of the Second Schedule to this Act shall have effect subject to the exceptions and modifications set out in that Part and the remaining provisions of Part V shall not apply.”.

(2) In section 63 of that Act (rights of appeal of restricted patients)—

(a) in subsection (1)—

(i) in the definition of “restricted patient” after the word “order” there shall be substituted the words “ , to a hospital direction ”; and

(ii) for the definition of “relevant hospital order” and “relevant transfer direction” there shall be substituted the following definition—

““relevant hospital order”, “relevant hospital direction” and “relevant transfer direction”, in relation to a restricted patient, mean the hospital order, hospital direction or transfer direction by virtue of which he is liable to be detained in a hospital.”; and

(b) in subsection (2), in paragraph (a), after the word “order” there shall be inserted the words “ , hospital direction ”.

(3) In section 65 of that Act (appeal where person is subject to restriction direction)—

(a) in subsection (1), after the word “subject” there shall be inserted the words “ to a hospital direction or ”;

(b) in subsection (2)—

(i) in paragraph (a) for the words “removed to hospital” there shall be substituted the words “ conveyed under a relevant hospital direction or removed under a relevant transfer direction to a hospital specified in the direction ” and for the words “so removed” there shall be substituted the words “ so conveyed or removed ”; and

(ii) the words after paragraph (b) shall cease to have effect; and

(c) after subsection (2) there shall be inserted the following subsection—

“(3) Where a direction has been given under subsection (2) of this section, on the person’s arrival in the prison or other institution or place to which he has been remitted by virtue of such a direction the relevant hospital direction or, as the case may be, the relevant transfer direction together with the restriction direction given in respect of the person shall cease to have effect.”.

(4) In section 74 of that Act (further provision as to transfer directions and restriction directions)—

(a) after subsection (1), there shall be inserted the following subsection—

“(1A) This subsection applies if the Secretary of State is satisfied as regards a person who has been conveyed to a hospital under a hospital direction as to the matters mentioned in subsection (2) below at a time when the person, by virtue of a sentence of imprisonment imposed on him at the time that direction was made, would but for that direction be in prison or being detained other than in a hospital.”;

(b) in subsection (2), after the words “subsection (1)” there shall be inserted the words “ and (1A) ”;

(c) in subsection (3)—

(i) after the words “subsection (1)” there shall be inserted the words “ or (1A) ”;

(ii) after the word “been”, where it occurs for the second time, there shall be inserted the words “ conveyed or ”; and

(iii) for the words “so removed” there shall be substituted the words “ so conveyed or removed ”;

(d) in subsection (4), after the words “subsection (1)” there shall be inserted the words “ or (1A) ”;

(e) in subsection (5), after the words “restriction direction” there shall be inserted the words “ or, as the case may be, the hospital direction ”;

(f) after subsection (8), there shall be inserted the following subsections—

“(8A) This subsection applies where a hospital direction has been made in respect of a person and he has thereafter been released under the Crime and Punishment (Scotland) Act 1997.

(8B) Where subsection (8A) above applies—

(a) the hospital direction shall forthwith cease to have effect; and

(b) the person shall thereupon be discharged from hospital unless a report is furnished in respect of him under subsection (9) below.”;

(g) in subsection (9)—

(i) after the word “before” there shall be inserted— “—

(a)”; and

(ii) after the word “above” there shall be inserted the following paragraph— “; or

(b) a hospital direction ceases to have effect,”;

(h) in subsection (10), after the words “restriction direction”, in both places where they occur, there shall be inserted the words “ or, as the case may be, hospital direction ”; and

(i) in subsection (11), after the words “transfer direction” there shall be inserted the words “ or, as the case may be, hospital direction ”.

(5) In section 125 of that Act (interpretation), after the definition of “hospital” there shall be inserted the following definition—

• ““hospital direction” has the meaning assigned to it by section 59A(1) of the M2 Criminal Procedure (Scotland) Act 1995;”.

Marginal Citations

M1 1995 c.46.

M2 1995 c.46.