[59A Hospital direction]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[Hospital directions]

[59A  Hospital direction]

[(1)     This section applies where a person, not being a child, (in this section and in sections 59B and 59C of this Act referred to as the “offender”) is convicted on indictment in—

(a)     the High Court; or

(b)     the sheriff court,

of an offence punishable by imprisonment.

(2)     If the court is satisfied—

(a)     on the written or oral evidence of two medical practitioners—

(i)     that the conditions mentioned in subsection (3) below are met in respect of the offender; and

(ii)     as to the matters mentioned in subsection (4) below; and

(b)     that, having regard to the matters mentioned in subsection (5) below, it is appropriate,

the court may, in addition to any sentence of imprisonment which it has the power or the duty to impose, make, subject to subsection (6) below, a direction (in this Act referred to as a “hospital direction”) authorising the measures mentioned in subsection (7) below.

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

(a)     that the offender has a mental disorder;

(b)     that medical treatment which would be likely to—

(i)

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