Article 39 Transfer to hospital for treatment for mental disorder

(1)

Where it appears to a medical officer that a prisoner to whom section 52C(1)(a) to (c) of the 1995 Act^f1 applies has a mental disorder such that an application may be made under section 52C of that Act to the court for an assessment order, the medical officer shall make arrangements to obtain the evidence of a medical practitioner which may be presented to the court in terms of section 52D of that Act.

(2)

Where it appears to a medical officer that a prisoner to whom section 52L(1)(a) to (c) of the 1995 Act applies has a mental disorder such that an application may be made under section 52L of that Act to the court for a treatment order, the medical officer shall make arrangements to obtain the evidence of two medical practitioners which may be presented to the court in terms of section 52M of that Act.

(3)

Where the evidence mentioned in paragraphs (1) or (2) above is to the effect that the matters specified in section 52D(3) or, as the case may be, section 52M(4) of the 1995 Act are met, the medical officer shall submit it to the Scottish Ministers.

(4)

Where it appears to a medical officer that a prisoner to whom section 136(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003^f2 applies may have a mental disorder, he or she shall–

(a)

obtain the written reports of two medical practitioners, one of whom must be an approved medical practitioner within the meaning of section 22 of that Act, and

(b)

if such reports are to the effect that the matters specified in section 136(6) of that Act are met, submit them to the Scottish Ministers.

Annotations

Footnotes

f1: 1995 c. 46; sections 52A to 52U were inserted by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), section 130.
f2: asp 13.