The New Mental Health Act: A guide to the appeals process - information for service users and their carers

1 Some terms used in this guide

The Act: The Mental Health (Care and Treatment) (Scotland) Act 2003.

The Adults with Incapacity Act ( AWI): The Adults with Incapacity (Scotland) Act 2000.

Compulsory Treatment Order ( CTO): this is an order which is granted by the Tribunal. It can include a number of different requirements including detention in hospital, compulsory treatment and attending services in the community. It will last initially for 6 months and can be renewed for a further 6 months, then for periods of 12 months.

Compulsion Order ( CO): an order made by the court which authorises compulsory measures (either hospital or community based) for a period of 6 months, if not otherwise renewed.

Emergency Detention Certificate: this type of power authorises detention in hospital for no more than 3 days.

Hospital Direction: an order made by the court in addition to sentence of imprisonment. It allows the person to be detained in hospital for treatment of their mental disorder and then transferred to prison to complete their sentence once hospital treatment in no longer required.

Independent Advocate: under the Act anyone with a mental disorder has the right to access an independent advocate. An independent advocate is able to give support and help to enable a person to express their own views about their care and treatment.

Interim Compulsion Order: an order made by the court which authorises hospital detention for 12 weeks (but can be renewed regularly for up to one year) so that the court can gather further specific evidence on the person's mental condition.

Interim Compulsory Treatment Order: an order granted by the Tribunal which authorises compulsory measures for a period of up to 28 days. The Tribunal can make more than one interim CTO as long as the total time is not more than 56 days.

Mental disorder: this is a term used in the Act which covers mental illness (including dementia), a learning disability or a personality disorder.

Mental Health Officer ( MHO): this is a specially trained social worker who deals with people with mental disorder and has particular duties under the Act.

Mental Health Tribunal: the Mental Health Tribunal for Scotland was set up by the Act to make decisions about the compulsory care and treatment of people with mental disorder.

Named Person: this is someone who will look after the person's interests if he or she has to be treated under the Act.

Responsible Medical Officer ( RMO): this is the medical practitioner, usually a consultant psychiatrist, who is responsible for a person's care and treatment.

Short-term Detention Certificate: this power authorises detention in hospital and compulsory treatment for up to 28 days.

Transfer for Treatment Direction: as order made by the Scottish Ministers to allow transfer of a prisoner to hospital for treatment of a mental disorder.