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Paragraph 7.6 Interim compulsion orderF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2), where the court receives a report under section 53B(1) of the Act of 1995 (interim compulsion order) —

(a)

the court shall—

(i)

by interlocutor in Form 7.6, appoint a hearing for parties to be heard and where appropriate, grant warrant to authorised officers of the hospital or officers of law, to bring the offender from the hospital to the court for that diet;

(ii)

discharge the diet already fixed; and

(b)

the clerk of court shall intimate the diet to the prosecutor, the person in respect of whom the order has been made or the solicitor for that person.

(2)

Where the report referred to in paragraph (1) is received within 14 days before the diet already fixed, paragraph (1) shall not apply.

Annotations

Textual amendments

F1

Sch. 2 Ch. 7 substituted (5.10.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Mental Health (Care and Treatment) (Scotland) Act 2003) 2005 (S.S.I. 2005/457), paras. 1(1), 2(2)