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New Legislation for Mentally Disordered Offenders. Major Legislative Developments Interactions between the Criminal Justice and Mental Health Systems Specific Legislation. Principles Participation Respect for carers Informal care Least restrictive alternative Maximum benefit

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New legislation for mentally disordered offenders
New Legislation for Mentally Disordered Offenders

  • Major Legislative Developments

  • Interactions between the Criminal Justice and Mental Health Systems

  • Specific Legislation


Major developments within the mental health care treatment scotland act 2003

Principles

Participation

Respect for carers

Informal care

Least restrictive alternative

Maximum benefit

Non discrimination

Respect for diversity

Reciprocity

Child welfare - paramount

Equality

New Definitions

Mental Health Tribunal

Community Treatment Order

Services for Children

Services for Post Natal Depression

Patient Representation

Advocacy

Named Person

Advance Statements

Assessment of Needs

Security Level Appeals

Urgent detention of acquitted persons

Major Developments within the Mental Health (Care & Treatment) (Scotland) Act 2003


Mental health legislation criminal
Mental Health Legislation: Criminal

  • Mental Health (Scotland) Act 1984

  • Criminal Procedure (Scotland)Act 1995

  • Crime and Punishment (Scotland) Act 1997

  • Mental Health (Public Safety and Appeals) (Scotland) Act 1999

  • Mental Health (Care and Treatment) (Scotland) Act 2003


Criminal justice and mental health systems
Criminal Justice and Mental Health Systems

  • Police - Place of Safety

  • - Informal treatment

  • - Emergency or Short-term Detention

  • Pre-Trial - Assessment Order) from court or

  • - Treatment Order) prison

  • - Assessment or Treatment as a condition of bail

  • Trial - Psychiatric Defences

  • Acquittal Conviction Acquittal on grounds of insanity

  • Urgent Detention Psychiatric Options for Disposal

  • of an Acquitted Person

  • Prison

  • - Transfer for Treatment Direction




Removal to a place of safety from a public place police
REMOVAL TO A PLACE OF SAFETY FROM A PUBLIC PLACE - POLICE

  • Section : 297

  • Purpose : Medical Examination

  • Conditions : Police officer suspects mental disorder in a person in a public place

  • : In immediate need of care and treatment

  • : In person’s interest or for protection of others

  • Powers : Detention in a place of safety for a medical examination

  • Duration : 24 hours

  • Signatories : Police Officer

  • Revocation : Nil

  • Appeal : Nil


Conditions for detaining mentally disordered offenders
Conditions for Detaining Mentally Disordered Offenders

  • Mental Disorder

  • Treatment likely to alleviate symptoms or prevent deterioration is available

  • Risk to health, safety or welfare of patient; or safety of others

  • Making the order is necessary

  • No impaired decision making ability criterion for MDOs

  • Court: all circumstances / alternative means


Remand to hospital for assessment
Remand to Hospital for Assessment

  • Section : 52 B-J Assessment Order CP(S) A 1995

  • Purpose : Assessment in hospital prior to trial or sentencing. From court or prison

  • Evidence : Written or oral from one registered doctor

  • Conditions : MD / Risk / Detention in hospital necessary to determine if treatment order criteria met / Assessment could not be undertaken if patient not in hospital / bed available in 7 days

  • Powers : Detention in hospital (Not treatment). Restricted

  • Duration : 28 days (7 day extension)

  • Duties : RMO court report

  • : Social circumstances report

  • Revocation or Variation : RMO applies to court


Remand to hospital for treatment
Remand to Hospital for Treatment

  • Section : 52 K-S Treatment Order CP(S) A 1995

  • Purpose : Treatment in hospital pre trial or sentencing. From court or prison.

  • Evidence : Written or oral from two registered doctor (1 approved)

  • Conditions : MD / treatability / risk / bed available in 7 days

  • : Can be applied for directly or after an assessment order

  • Powers : Detention in hospital & treatment (Part 16). Restricted

  • Duration : No time limit

  • Duties : RMO court report

  • Revocation or Variation : RMO applies to court


Pre sentence inquiry into mental or physical condition
Pre-sentence Inquiry into Mental or Physical condition

  • Section : 200 CP(S) A 1995

  • Purpose : To remand a convicted person in custody or on bail for assessment of mental or physical condition. Bail, prison or hospital

  • Evidence : Written or oral from one registered doctor


Pre sentence inquiry into mental or physical condition1
Pre-sentence Inquiry into Mental or Physical condition

  • Conditions : convicted of an offence punishable by imprisonment

  • : needs inquiry into mental or physical condition

  • Hospital : suffering from a mental disorder

  • : suitable hospital placement available

  • Overlap with S52 B-J / K-S

  • Duration : 3 weeks (extension for 3 weeks)

  • Duties : Court report prepared in hospital, community or prison

  • Revocation : Court


Interim compulsion order
Interim Compulsion Order

  • Section : 53 CP(S) A 1995

  • Purpose : inpatient assessment

  • Evidence : written or oral from 2 doctors (1 approved)

  • Conditions : MD / treatability / risk / bed available in 7 days

  • : likely compulsion and restriction orders or hospital direction

  • Not just State Hospital

  • Powers : detention and treatment in hospital (Part 16)

  • Duration : 3-12 months (12 weekly renewal)

  • Duties : RMO report / MHO – SCR

  • Revocation or Variation: no procedure/write to court


Compulsion order
Compulsion Order

  • Section : 57 A CP(S) A 1995

  • Purpose : treatment in hospital or community (CTO)

  • Evidence : written or oral from 2 doctors (1 approved)

  • Conditions : MD / treatability / risk / hospital - bed available in 7 days

  • Convicted of an offence punishable by imprisonment

  • Powers : Part 16 treatment, attendance, access, residence requirements

  • Duration : 6 months (+ 6 months  annual)

  • Duties : care plan

  • Revocation or Variation : Tribunal

  • Non-compliance : as CTO


Restriction order
Restriction Order

  • Section : 59 CP(S) A 1995

  • Purpose : control of high risk patients

  • Evidence : oral evidence of 1 medical practitioner

  • : inpatient compulsion order

  • : offence / antecedents / risk

  • Powers : Detention in hospital

  • : Leave and transfer - Scottish Ministers

  • Duration : Without limit of time

  • Duties : RMO (annual) report

  • : MWC / Scottish Ministers

  • Revocation or Variation : Tribunal


Restriction order review

Tribunal Review

RMO

MWC

Scottish Ministers

Patient

Named Person

Automatic – 2 years

Criteria

Mental Disorder

Treatability

Risk

Serious risk to others

Compulsion order necessary

Restriction order necessary

- variation of compulsion order

Hospital necessary

Restriction Order: review


Tribunal review coro
Tribunal Review: CORO

  • Outcome

  • Absolute discharge

  • Conditional discharge - defer?

  • Compulsion order – vary?

  • CORO

  • Hearing

  • Appeal – delays order


Hospital direction
Hospital Direction

  • Section : 59A CP(S) A 1995

  • Purpose : combines hospital detention and prison sentence

  • Evidence : oral or written from 2 doctors (1 approved)

  • : doctors can recommend a hospital direction

  • Conditions : as compulsion order / link between mental disorder, offence +/- risk is weak

  • Powers : detention in hospital or prison

  • Duration : length of prison sentence / civil detention – C.T.O.

  • Duties : RMO (annual) reports

  • : MWC / Scottish Ministers

  • Revocation or Variation : Scottish Ministers & Tribunal : E.D.L.

  • : Parole : Release on life licence


Tribunal review hospital direction

Criteria

Mental Disorder

Treatability

Risk

Serious risk to others

Hospital direction necessary

Outcome

Transfer to prison

Hospital direction

Hearing

Tribunal Review: Hospital Direction


Standard procedures

Admission

in 7 days

place of safety

powers to convey – police, hospital, other

Abscond

custody – hospital

inform court / Scottish Executive

revoke or vary order?

Suspension of detention

certificate by RMO

consent of Scottish Ministers

escort

length

location

time limits (TO, ICO, CORO, HD & TTD)

revocation RMO or Scottish Ministers

Standard Procedures


Probation order
Probation Order

  • Section : 230 CP (S) A 1995

  • Purpose : medical or psychological treatment of a mental condition

  • Evidence : oral or written by 1 doctor or a chartered psychologist

  • : mental disorder - needs treatment

  • : CTO or CO not required

  • : patient and CJSW agree


Probation order1
Probation Order

  • Duration : 6 months  3 years

  • Duties : liaison with CJSW

  • : Social Enquiry Report

  • Variation : agreement of supervising officer

  • : inform court

  • Non compliance : notification to court


Intervention and guardianship orders
Intervention and Guardianship Orders

  • Sections : S.60B CP(S) A 1995

  • : S.58 (1A) CP (S) A 1995

  • Purpose : personal welfare decisions or management (not financial)

  • Evidence : 2 medical reports ( 1 approved),/MHO report/3rd report

  • Conditions : found insane/offence punishable by imprisonment

  • : mental disorder

  • : compulsion order not required

  • : punishment not required

  • : incapacity for relevant matters

  • : personal welfare issues


Urgent detention of an acquitted person
Urgent Detention of an Acquitted Person

  • Section : 134 MH (C&T) (S) A 2003 / 60C CP (S) A 1995

  • Purpose : for medical assessment re emergency or short term detention

  • Evidence: 2 medical recommendations for mental health disposal

  • : MD / treatability / risk

  • : not convicted

  • : not practicable to secure immediate examination

  • Powers : detention in a place of safety

  • Duration: 6 hours

  • Duties : medical examination


Transfer for treatment direction
Transfer for Treatment Direction

  • Section : 136 MH (C&T) (S) A 2003

  • Purpose : treatment in hospital of sentenced prisoners

  • Evidence : 2 medical reports (1 approved) to Scottish Ministers

  • Conditions : MD / treatability / risk / TTD necessary / bed available in 7 days

  • Powers : to transfer and treat in hospital, via a place of safety if necessary. All restricted.

  • Duration : length of prison sentence

  • Duties : RMO (annual report)

  • Revocation or variation : Scottish Ministers or Tribunal : E.D.L.

  • : Parole : Release on life licence


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