200 Remand for inquiry into physical or mental condition
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Pre-sentencing procedure

200  Remand for inquiry into physical or mental condition

(1)     Without prejudice to any powers exercisable by a court under section 201 of this Act, where—

(a)     the court finds that an accused has committed an offence punishable with imprisonment; and

(b)     it appears to the court that before the method of dealing with him is determined an inquiry ought to be made into his physical or mental condition,

subsection (2) below shall apply.

(2)     Where this subsection applies the court shall—

(a)     for the purpose of inquiry solely into his physical condition, remand him in custody or on bail;

(b)     for the purpose of inquiry into his mental condition (whether or not in addition to his physical condition), remand him in custody or on bail or, where the court is satisfied—

(i)     on the written or oral evidence of a medical practitioner, that the person appears to be suffering from a mental disorder; and

[(ii)     that the accused could be admitted to a hospital that is suitable for his detention,]

make an order committing him to that hospital,

for such period or periods, no single period exceeding three weeks, as the court thinks necessary

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