Review of the arrangements for investigating the deaths of patients being treated for mental disorder

Definition of terms used in this report

Mental disorder

In this report the term 'mental disorder' is used to reflect the language of section 37 of the Mental Health (Scotland) Act 2015. The definition of mental disorder is found in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and refers to any mental illness; personality disorder; or learning disability, however caused or manifested.^[1]

Legislation

The Mental Health (Scotland) Act 2015 is referred to as 'the 2015 Act' throughout this report.

Orders for compulsory treatment/detention are made under two laws covered by this review. Reference is made to these in this report as follows:

• the Mental Health (Care and Treatment) (Scotland) Act 2003 is referred to as 'the 2003 Act'
• the Criminal Procedure (Scotland) Act 1995 is referred to as 'the 1995 Act'

Investigation and review

Section 37 of the 2015 Act refers to the arrangements for investigating deaths and, in line with that, this report frequently uses the term 'investigation'. However, it is recognised that there are different uses and interpretations of the terms 'review' and 'investigation'. The usage of these terms throughout this report predominantly reflects the various meanings, uses, and preferences encountered in the course of gathering evidence for this review.

The term 'Review' (capitalised) is used in this document to refer to this review of the arrangements for investigating deaths, and 'Review Group' is used to refer to the group whose membership is provided at Annex A.