Part 2Confinement and release of prisoners
Chapter 7Application of Part 2 to certain persons
54Persons detained under mental health provisions
1
Where a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) has been made in respect of a person serving a sentence of imprisonment, this Part applies to that person as if—
a
the person continues to serve the sentence while detained in hospital, and
b
the person had not been removed to hospital.
2
Where a person is conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act, this Part applies to that person as if, while so detained, the person were serving a sentence of imprisonment imposed at the time the direction was made.
55Application to young offenders and children
1
This Part applies in relation to the persons mentioned in subsection (2) as it applies in relation to custody-only prisoners.
2
Those persons are—
a
a person on whom detention is imposed under section 207(2) of the 1995 Act for a period of less than 15 days,
b
a person sentenced to be detained under section 208 of that Act for such a period.
3
This Part applies in relation to the persons mentioned in subsection (4) as it applies in relation to custody and community prisoners.
4
Those persons are—
a
a person on whom detention is imposed under section 207(2) of the 1995 Act for a period of 15 days or more,
b
a person sentenced to be detained under section 208 of that Act for such a period.
5
This Part applies in relation to the persons mentioned in subsection (6) as it applies in relation to life prisoners.
6
Those persons are—
a
a person sentenced under section 205(2) or (3) of the 1995 Act to be detained without limit of time or for life,
b
a person on whom detention without limit of time or for life is imposed under section 207(2) of that Act,
c
a person sentenced to be detained without limit of time under section 208 of that Act.
7
In this Part as applied by subsections (1), (3) and (5), references to imprisonment are to be read as references to detention; and cognate expressions are to be construed accordingly.
56Fine defaulters and persons in contempt of court
1
This Part applies in relation to the persons mentioned in subsection (2) as it applies in relation to custody-only prisoners.
2
Those persons are—
a
a person serving by virtue of section 219(1) of the 1995 Act a period of imprisonment or, as the case may be, a period of detention in a young offenders institution,
b
a person serving a period of imprisonment or, as the case may be, a period of detention in a young offenders institution for contempt of court.
3
Subsection (1) does not apply in relation to—
a
a person on whom the court imposes before the coming into force of this Part—
i
a period of imprisonment in default of payment of a fine under paragraph (a) of section 219(1) of the 1995 Act, or
ii
imprisonment for failure to a pay a fine, or any part or instalment of a fine, under paragraph (b) of that section, or
b
a person found in contempt of court, where the conduct which is treated as contempt of court occurs (or first occurs) before the coming into force of this Part.