PART VI

Mental Disorder

Assessment orders

Prosecutor’s power to apply for assessment order
52B
1
Where—
a
a person has been charged with an offence;
b
a relevant disposal has not been made in the proceedings in respect of the offence; and
c
it appears to the prosecutor that the person has a mental disorder,
the prosecutor may apply to the court for an order under section 52D(2) of this Act (in this Act referred to as an “
assessment order
”) in respect of that person.
2
Where the prosecutor applies for an assessment order under subsection (1) above, the prosecutor shall, as soon as reasonably practicable after making the application, inform the persons mentioned in subsection (3) below of the making of the application.
3
Those persons are—
a
the person in respect of whom the application is made;
b
any solicitor acting for the person; and
c
in a case where the person is
remanded
in custody, the Scottish Ministers.
4
In this section—
- “
court
” means any court, other than a
JP court
, competent to deal with the case; and
- “
relevant disposal
” means—
  1. the liberation in due course of law of the person charged;
  2. the desertion of summary proceedings
pro loco et tempore
or
simpliciter
;
  3. the desertion of solemn proceedings
simpliciter
;
  4. the acquittal of the person charged; or
  5. the conviction of the person charged.
Ss. 52A-52U inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 130, 333(1)-(4); S.S.I. 2005/161, art. 3 (as amended (27.9.2005) by S.S.I. 2005/465, art. 2, sch. 1 para. 32(13)(a)(i)(ii), sch. 2)
Words in s. 52B(4) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 26(f); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2
Word in s. 52B(3)(c) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 38(2)(a), 61(2); S.S.I. 2017/197, art. 2, sch.