Section 52R Termination of treatment orderF1

Scotland

(1)

This section applies—

(a)

where, in the case of a person who, when the treatment order is made, has not been removed to the hospital specified in the order, the F2relevant period given by subsection (1A) below has not expired; or

(b)

in the case of a person—

(i)

who, when the treatment order is made, has been admitted to the hospital specified in the order; or

(ii)

who has been removed under paragraph (a) of subsection (6) of section 52M of this Act to the hospital so specified.

(F31A)

For the purpose of subsection (1)(a) above, the relevant period is the period—

(a)

beginning with the day on which the order is made,

(b)

expiring at the end of the 7 days following that day.

(2)

A treatment order shall cease to have effect on the occurrence of any of the following events—

(a)

in a case where—

(i)

the person subject to the treatment order has been charged with an offence; and

(ii)

a relevant disposal had not been made in the proceedings in respect of such offence when the order was made,

the making of a relevant disposal in such proceedings;

(b)

in a case where the person subject to the treatment order has been convicted of an offence but has not been sentenced—

(i)

the deferral of sentence by the court under section 202(1) of this Act;

(ii)

the making of one of the orders mentioned in subsection (3) below; or

(iii)

the imposition of any sentence.

(3)

The orders are—

(a)

an interim compulsion order;

(b)

a compulsion order;

(c)

a guardianship order;

(d)

a hospital direction;

(e)

any order under section 57 of this Act; F4. . .

(f)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In this section, “relevant disposal” has the same meaning 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: Words in s. 52R(1)(a) substituted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 41(4)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 20(b))
F3: S. 52R(1A) inserted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 41(4)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 20(b))
F4: Word in s. 52R(3) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 3(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F5: S. 52R(3)(f) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 3(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)