HC Deb 23 June 1960 vol 625 cc749-50
The Lord Advocate

I beg to move, in page 47, line 35, to leave out "twenty-eight days" and to insert "three months". The purpose of this Amendment is to extend the time within which a prisoner under sentence who has been transferred to a mental hospital may appeal to the sheriff against that transfer. I do not think that it meets entirely the Amendment to which the hon. Lady the Member for Lanarkshire, North (Miss Herbison) spoke in Committee, but, for the reasons which I gave there, I feel that it is a reasonable compromise.

Miss Herbison

The Amendment certainly does not meet fully the points made by this side of the House in Committee. In discussing this matter in Committee, we on this side realised the very great difficulties which might arise. We are grateful that an attempt at least has been made to do something about this difficult matter.

Amendment agreed to.

The Lord Advocate

I beg to move, in page 47, line 42, to leave out subsection (6) and to insert: (6) Subsections (2) and (3) of section fifty-one of this Act shall apply to an appeal under the last foregoing subsection in like manner as they apply to an appeal referred to in that section. The effect of this Amendment is to apply to the court in an appeal against transfer from prison to hospital the same provision about the powers and duties of the sheriff and of the right of an appellant to arrange for his medical examination which apply in appeals against continuation of authority under Clauses 39, 40 and 44.

Amendment agreed to.