PART VI

Mental Disorder

Hospital directions

Appeal by prosecutor against hospital orders etc.
60A
1
This section applies where the court, in respect of a person charged or brought before it, has made—
a
a compulsion order;
b
a restriction order;
c
a guardianship order;
d
a decision under section 57(2)(e) of this Act to make no order; or
e
a hospital direction.
2
Where this section applies, the prosecutor may appeal against any such order, decision or direction as is mentioned in subsection (1) above—
a
if it appears to him that the order, decision or direction was inappropriate; or
b
on a point of law,
and an appeal under this section shall be treated in the same manner as an appeal against sentence under section 108 of this Act.
S. 60A inserted (1.1.1998) by 1997 c. 48, s. 22; S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)
Ss. 59A-59C and preceding cross-heading substituted for s. 59A (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(6); S.S.I. 2005/161, art. 3
S. 60A(1)(a)-(e) substituted (5.10.2005) for s. 60A(1)(a)(b) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(1)-(4), Sch. 4 para. 8(8); S.S.I. 2005/161 {art. 3}