Victims, Witnesses, and Justice Reform (Scotland) Act 2025

49 Suspension from detention within hospital grounds

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 18A (interpretation of Part)—

(a) in subsection (2)—

(i) in paragraph (b), after “certificate” in the first place where it occurs insert “other than a certificate to which subsection (2A) applies”,

(ii) after paragraph (b) insert—

“(c) to such a certificate, being a certificate to which subsection (2A) applies, being granted for the first time is to the first time such a certificate is granted which has the effect of allowing the person to leave the hospital of which the unit forms part since—

(i) the person was so detained,

(ii) in a case where the person, while subject to that order or direction, has been recalled to a hospital unit under section 202 of the Mental Health Act, since the person was so recalled (or most recently so recalled if it has happened more than once).”,

(b) after subsection (2) insert—

“(2A) This subsection applies to certificates which relate to the detention of a person under an order or direction which specified that the person was to be detained in a hospital unit.

(2B) For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.”.