FD v Procurator Fiscal, Lanark

Sentencing – Mentally disordered offender – Compulsion order –. Sheriff Appeal Court: Refusing an appeal by an appellant, who was detained in the State Hospital subject to a compulsory treatment order at the time of sentence, against a sheriff's imposition of a compulsion order on him following the Crown's acceptance of his plea of not guilty to a charge of assaulting or impeding a health worker in hospital premises, the court concluded, albeit for different reasons than he gave, that the sheriff was entitled to proceed on the basis that the conditions specified in s 57A(3) of the Criminal Procedure (Scotland) Act 1995 were met; having accepted the medical evidence the sheriff then had to consider the appropriateness of making the order rather than necessity and his approach with regard to appropriateness could not be faulted.

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