Part 2

Confinement and release of prisoners
Chapter 7

Application of Part 2 to certain persons

Persons detained under mental health provisions
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1
Where a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) has been made in respect of a person serving a sentence of imprisonment, this Part applies to that person as if—
a
the person continues to serve the sentence while detained in hospital, and
b
the person had not been removed to hospital.
2
Where a person is conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act, this Part applies to that person as if, while so detained, the person were serving a sentence of imprisonment imposed at the time the direction was made.