[52D Assessment order]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[52D  Assessment order]

[(1)     This section applies where an application for an assessment order is made under section 52B(1) or 52C(1) of this Act.

(2)     If the court is satisfied—

(a)     on the written or oral evidence of a medical practitioner, as to the matters mentioned in subsection (3) below; and

(b)     that, having regard to the matters mentioned in subsection (4) below, it is appropriate,

it may, subject to subsection (5) below, make an assessment order authorising the measures mentioned in subsection (6) below and specifying any matters to be included in the report under section 52G(1) of this Act.

(3)     The matters referred to in subsection (2)(a) above are—

(a)     that there are reasonable grounds for believing—

(i)     that the person in respect of whom the application is made has a mental disorder;

(ii)     that it is necessary to detain the person in hospital to assess whether the conditions mentioned in subsection (7) below are met in respect of the person; and

(iii)     that if the assessment order were not made there would be a significant risk to the health, safety or welfare of the person or a significant risk to the safety of any other person;

(b)

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