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Criminal Justice (Scotland) Act 1949

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65Treatment of persons transferred from prisons, etc., under the Mental Deficiency and Lunacy (Scotland) Act, 1913, s. 10

(1)Where an order under section ten of the Mental Deficiency and Lunacy (Scotland) Act, 1913, that a person be transferred to an institution for defectives or be placed under guardianship expires, or the person to whom the order relates is ordered to be discharged from such institution or guardianship then, if, at the time of such expiry or order for discharge, either—

(a)the period during which such person could, if the order under the said section ten had not been made, have been detained in the prison or other place in which he was detained when that order was made, has not expired ; or

(b)the person is subject to an order for his custody until His Majesty's pleasure be known,

the Secretary of State may remit him to any prison or other place in which he could have been detained if the order under the said section ten had not been made; and such person shall be liable accordingly to be dealt with as if he had never been transferred to the institution for defectives or placed under guardianship.

(2)Subsection (1) of section sixteen of the Mental Deficiency and Lunacy (Scotland) Act, 1913 (which relates to transfer from institutions for defectives to mental hospitals and vice versa) shall not apply to a person detained in an institution for defectives during the period aforesaid; but if at any time during that period it appears to two registered medical practitioners that any person so transferred to the institution is of unsound mind, they shall certify in writing to that effect and the Secretary of State may thereupon by warrant direct that he be removed to such mental hospital as may be named in the warrant; and the Criminal and Dangerous Lunatics (Scotland) Amendment Act, 1871, shall apply to him as if he had been removed to the mental hospital from a prison.

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