PART VI Mental Disorder
F1Prevention of delay in trials
52TPrevention of delay in trials: assessment orders and treatment orders
1
Subsections (4) to (9) of section 65 of this Act shall apply in the case of a person committed for an offence until liberated in due course of law who is detained in hospital by virtue of an assessment order or a treatment order as those subsections apply in the case of an accused who is—
a
committed for an offence until liberated in due course of law; and
b
detained by virtue of that committal.
2
Section 147 of this Act shall apply in the case of a person charged with an offence in summary proceedings who is detained in hospital by virtue of an assessment order or a treatment order as it applies in the case of an accused who is detained in respect of that offence.
3
Any period during which, under—
a
section 221 (as read with sections 222 and 223) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); or
b
section 224 (as read with sections 225 and 226) of that Act,
a patient’s detention is not authorised shall be taken into account for the purposes of the calculation of any of the periods mentioned in subsection (4) below.
4
Those periods are—
a
F5any period referred to in subsection (4) of section 65 of this Act as applied by subsection (1) above;
b
those F3... periods as extended under subsection (5) or, on appeal, under subsection (8) of that section as so applied;
c
d
that period as extended under subsection (2) of that section or, on appeal, under subsection (3) of that section as so applied.
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)