Section 52C Scottish Ministers' power to apply for assessment orderF1

Scotland

(1)

Where—

(a)

a person has been charged with an offence;

(b)

the person has not been sentenced;

(c)

the person is F2remanded in custody; and

(d)

it appears to the Scottish Ministers that the person has a mental disorder,

the Scottish Ministers may apply to the court for an assessment order in respect of that person.

(2)

Where the Scottish Ministers apply for an order under subsection (1) above, they 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 a relevant disposal has not been made in the proceedings in respect of the offence with which the person is charged, the prosecutor.

(4)

In this section, “court” and “relevant disposal” have the same meanings as in section 52B of this Act.

Annotations

Textual amendments

F1: 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)
F2: Word in s. 52C(1)(c) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 38(2)(b), 61(2); S.S.I. 2017/197, art. 2, sch.