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Article 31 Transfer to hospital for treatment for mental disorder

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

(1)

Where it appears to the medical officer that a prisoner to whom section 71 of the Mental Health (Scotland) Act 1984f1 applies is suffering from mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under Part V of the said Act of 1984, he shall obtain reports as mentioned in paragraph (3).

(2)

Where it appears to the medical officer that an untried prisoner is suffering from mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under Part V of the said Act of 1984, he shall obtain in respect of the prisoner reports as mentioned in paragraph (3).

(3)

The reports referred to in paragraphs (1) and (2) are reports in respect of the prisoner by 2 medical practitioners (complying with the provisions of section 70(4) of the said Act of 1984), one of whom may be the medical officer.

(4)

If the medical reports referred to in paragraphs (1) and (2) are to the effect that the grounds upon which an application may be made for the admission of the prisoner to a hospital under Part V of the said Act of 1984 are satisfied, the Governor shall submit the reports to the Secretary of State.

Annotations

Footnotes

f1

1984 c. 36; section 71 was amended by the 1993 Act, section 4(2) and Schedule 7, Part I.