C1Part 2Confinement and release of prisoners

Annotations:
Modifications etc. (not altering text)

Chapter 7Application of Part 2 to certain persons

54C1Persons 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.