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Crime and Punishment (Scotland) Act 1997

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Version Superseded: 30/06/2017

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9 Power to specify hospital unit.S

(1)Subject to subsection (2) below, any power to specify a hospital which is conferred by—

(a)section 57(2)(a) of the 1995 Act (disposal where accused [F1found not criminally responsible or unfit for trial]);

(b)section 58 of the 1995 Act (hospital orders);

(c)section 59A of the 1995 Act (hospital directions); or

(d)section 71 of the 1984 Act (transfer direction),

includes a power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

(2)In subsection (1) above—

(a)paragraph (a) shall not apply unless the court also makes an order under paragraph (b) of section 57(2) of the 1995 Act;

(b)paragraph (b) shall not apply unless the court also makes an order under section 59 of the 1995 Act;

(c)paragraph (d) shall not apply unless the Secretary of State also gives a direction under section 72 of the 1984 Act.

(3)In this section—

  • “hospital”, in relation to the exercise of a power, has the same meaning as in the enactment which confers the power;

  • “hospital unit” means any part of a hospital which is treated as a separate unit.

Textual Amendments

F1Words in s. 9(1)(a) substituted (25.6.2012 with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 66; S.S.I. 2012/160, art. 3, Sch.

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