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Criminal Justice (Scotland) Act 2003

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This is the original version (as it was originally enacted).

Disposal in case of insanity

2Disposal of case where accused found to be insane

In section 57 (disposal of case where accused found to be insane) of the 1995 Act—

(a)in subsection (2) after paragraph (b) there is inserted—

“(bb)make an interim hospital order;”; and

(b)for subsection (3) there is substituted—

“(3)Where the court is satisfied, having regard to a report submitted in respect of the person following an interim hospital order, that, on a balance of probabilities, the risk his being at liberty presents to the safety of the public at large is high, it shall make orders under both paragraphs (a) and (b) of subsection (2) above in respect of that person.”.

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