mental health (care and treatment) (scotland) act 2003: code of practice- volume 3 compulsory powers in relation to mentally disordered offenders

ISBN 0 7559 4568 9
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table of contents

part 1 of this volume: part vi of the Criminal Procedure (Scotland) Act 1995 as amended by the Mental Health (Care and Treatment) (Scotland) Act 2003

Introduction

Chapter 1: Overview
Principles of the 2003 Act
Children and young people
Definition of "mental disorder"
Definition of "medical treatment"
Overview of the amendments made to the 1995 Act by the 2003 Act
Stages of the criminal justice process

Chapter 2: Pre-conviction
Assessment of a person in custody
Best practice points
Pre-trial court procedures
Assessment Orders and Treatment Orders
Assessment Order: general - sections 52B to J
Effect of an Assessment Order
Variation of an Assessment Order
Review of an Assessment Order
Treatment Order: general - sections 52K to U
Effect of a Treatment Order
Variation of a Treatment Order
Revocation of a Treatment Order

Chapter 3: Insanity
Overview of psychiatric issues of relevance at trial
Legal criteria and clinical assessment
Insanity in bar of trial (legal criteria and clinical assessment)
Insanity at the time of the offence (legal criteria and clinical assessment)
Diminished responsibility (legal criteria and clinical assessment)
Addressing insanity in pre-trial reports
Recommendation of disposal in insanity cases
Insanity in bar of trial; insanity at the time of the offence - background, purpose and overview
Insanity in bar of trial: general - section 54
Insanity at the time of the offence: general - sections 54 and 55

Chapter 4: Post conviction, pre-disposal
Overview
Interim Compulsion Order: background, purpose and overview
Interim Compulsion Order: general - sections 53 and 53A to D
Effect of an Interim Compulsion Order
Variation of an Interim Compulsion Order
Review, extension and revocation of an Interim Compulsion Order
Assessment Orders and Treatment Orders post-conviction

Chapter 5: Final disposal
Introduction
Compulsion Order : background, purpose and overview
Compulsion Order: general - sections 57A to D
Effect of a Compulsion Order
Mentally disordered offenders who may pose a risk of serious harm to the public
Restriction Order: background, purpose and overview
Restriction Order: general - sections 59 and 57C
Effect of a Restriction Order
Hospital Direction: background, purpose and overview
Hospital Direction: general - sections 59A to C
Effect of a Hospital Direction
Intervention Orders and Guardianship Orders under the Adults With Incapacity (Scotland) Act 2000 as applied to mentally disordered offenders

Chapter 6: Over-arching issues
Situations where the criminal justice process ends unexpectedly or prematurely
Urgent detention of acquitted persons under section 60C - background, purpose and overview
General: section 60C
Transporting persons subject to these provisions between prison, court and hospital
Suspension of detention
Absconding
Medical treatment
Appeals
Medical evidence
Social Circumstances Report
Social Enquiry Report

part 2 of this volume: parts 9 to 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003

Chapter 1: Compulsion orders
Overview
The Part 9 care plan
First mandatory review

Chapter 2: The compulsion order and restriction order in operation
Overview
Responsibilities subsequent to a compulsion order and a restriction order being imposed
RMO responsibilities - the care plan
MHO responsibilities

Chapter 3: Reviewing a compulsion order and a restriction order
Overview of the review process
Mandatory review by the RMO
RMO's report to the Scottish Ministers
Best practice points for the MHO
Other reviews of a compulsion order and a restriction order
Circumstances which may prompt a reference or an application to the Tribunal

Chapter 4: Discharge of a patient subject to a compulsion order and a restriction order
Conditional discharge
Absolute discharge

Chapter 5: The imposition of a transfer for treatment direction
Overview
Measures authorised by a transfer for treatment direction
Medical recommendations
Best practice - MHO opinion

Chapter 6: The hospital direction and the transfer for treatment direction in operation
Overview
Responsibilities subsequent to a direction being imposed
RMO responsibilities - the care plan
MHO responsibilities
Best practice points for information that should be noted upon the admission of a patient subject to a direction

Chapter 7: Reviewing a hospital direction or a transfer for treatment direction
Overview of the review process
Mandatory review by the RMO
RMO's report to the Scottish Ministers
Best practice points for the MHO
Other reviews of a direction
Power of the Scottish Ministers to revoke a direction
Circumstances which may prompt a reference or an application to the Tribunal

Chapter 8: Discharge of a patient subject to a hospital direction or a transfer for treatment direction
Revocation of a direction before expiry of sentence
Direction ceasing to have effect at the expiry of sentence
Continued detention at the expiry of sentence
Compulsory powers imposed in the community with respect to a patient who is released on licence

Chapter 9: Transfer of a patient subject to a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction
Overview
Non-urgent transfer
Urgent transfer
Appeal against transfer

Chapter 10: Glossary of commonly used terms

Chapter 11: Forms