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Criminal Procedures 2003 Act Principles. The principles of the 2003 Act apply to all actions. Criminal Procedures LA Duties. Designated MHO , for ALL ‘events’ Social circumstance reports (SCRs) MHO reports, for the criminal courts.

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Criminal procedures 2003 act principles
Criminal Procedures2003 Act Principles

  • The principles of the 2003 Act apply to all actions.

Edward Finlayson SLC


Criminal procedures la duties
Criminal ProceduresLA Duties

  • Designated MHO, for ALL ‘events’

  • Social circumstance reports (SCRs)

  • MHO reports, for the criminal courts

Edward Finlayson SLC


Requirement to designated mho from the la where the patient resided prior to the event
Requirement to designated MHO from the LA where the patient resided prior to the ‘Event’.

  • Legal requirement under Section 229

  • Supports ‘throughcare’ link to LA from admission to discharge

  • Supports joint care planning in relation to rehabilitation and risk management.

  • Exception if patient from outside Scotland – then LA for Hospital.

Edward Finlayson SLC


Criminal procedures events mh 232
Criminal Procedures resided prior to the ‘Event’. EVENTS – MH 232

  • Assessment order

  • Treatment order

  • Interim compulsion order

  • Compulsion order (including restriction)

  • Hospital direction

  • Transfer for treatment direction

Edward Finlayson SLC


Criminal procedures assessment order 52 b j
Criminal Procedures resided prior to the ‘Event’. Assessment Order – 52 B-J

  • Pre or post trial

  • Any medical practitioner

  • Reasonable grounds to believe there is mental disorder / detention is needed

  • Is treatment order required

  • Significant risk

  • 28 days – 7day extension

  • Order is subject to Restriction

Edward Finlayson SLC


Criminal procedures treatment order 52k t
Criminal Procedures resided prior to the ‘Event’. Treatment Order – 52K - T

  • Pre or post trial

  • 2 doctors – 1 AMP

  • There is mental disorder requiring treatment

  • Significant risk

  • Until conviction or sentence (140 days if on solemn procedure or 40 days on summary)

  • Order is subject to Restriction

Edward Finlayson SLC


Criminal procedures compulsion order 57a
Criminal Procedures resided prior to the ‘Event’. Compulsion Order – 57A

  • 2 doctors – 1 AMP

  • There is mental disorder requiring treatment

  • Impaired decision making not required

  • Compulsion in hospital or community

  • MHO report for the court

  • MHT review after 6 months

  • Reviews at 6 / 12 months, by MHT.

Edward Finlayson SLC


Restriction 59
Restriction – 59 resided prior to the ‘Event’.

  • Protection of public from serious harm

  • Scottish Ministers oversee (monitored by case workers of the Restricted Patients Branch of the SG Reshaping Care and Mental Health Division).

  • Memorandum of Procedure Guidance (referred to as the MOP)

Edward Finlayson SLC


Restriction 591
Restriction – 59 resided prior to the ‘Event’.

  • Suspension of Detention or Hospital Transfer authorised by Scottish Ministers

  • Conditional or Absolute Discharge by MHTS

  • Appeal to MHTS

  • Psychiatric supervisor

  • Social work supervisor, on discharge.

    (recommended MHO)

Edward Finlayson SLC


Criminal procedures interim compulsion order 53
Criminal Procedures resided prior to the ‘Event’. Interim Compulsion Order – 53

  • Serious risk

  • Restriction or Hospital direction being considered

  • 2 doctors – 1 AMP

  • There is mental disorder requiring treatment

  • 12 weeks – up to 1 year

Edward Finlayson SLC


Criminal procedures hospital direction 59a
Criminal Procedures resided prior to the ‘Event’. Hospital Direction – 59A

  • Serious violent offence

  • 2 doctors – 1 AMP

  • MHO report for the court

  • There is mental disorder requiring treatment

  • Little or no link between mental disorder and offending.

  • Prison sentence combined with hospital treatment.

Edward Finlayson SLC


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