Mental Health Moratorium: consultation

Annex A

Summary of treatments

Short-term detention - A short-term detention certificate (STDC) is the preferred route when a person needs compulsory care and treatment in hospital. It can only take place if recommended by a psychiatrist and a Mental Health Officer. A STDC can last for up to 28 days. The detention certificate must be revoked if the relevant detention criteria are no longer met.

Compulsory Treatment Order – A Compulsory Treatment Order (CTO) will set out a number of conditions that the individual will need to comply with. These conditions will depend on whether the individual has to stay in hospital or are in the community. A CTO can last up to six months. It can be extended for a further six months and then for periods of twelve months at a time.

Transfer of prisoners for treatment for mental disorder - The Scottish Ministers may make a transfer for treatment direction in terms of section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which allows for the transfer of a sentenced prisoner to hospital for medical treatment in accordance with Part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Assessment Order – An Assessment Order is to allow the appropriate examination and assessment by an approved medical practitioner, of a person prior to trial or after conviction before sentencing. It authorises the removal to, and detention in, a specified hospital for up to 28 days and also the giving of medical treatment in certain circumstances.

Treatment Order – While awaiting their trial, the court can order the individual to stay in hospital for treatment. The Treatment Order lasts until the court make a decision to convict or acquit the individual. There are rules about when the trial must start. This depends on the seriousness of the offence the individual has been charged with.

Compulsion Order – A Compulsion Order is used when an offender commits an offence that is punishable by imprisonment, but is found to have a mental disorder. The court can decide not to send the offender to prison but that they must stay in hospital for mental health treatment.

Hospital direction - At sentencing a court may, in addition to imposing a custodial sentence, impose a hospital direction in terms of section 59A of the Criminal Procedure (Scotland) Act 1995 which allows the prisoner to be detained initially in hospital for medical treatment in accordance with Part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Interpretation of debt

The following is the definition of a qualifying debt in relation to a Mental Health Moratorium as referenced in Regulation 3 of the Debt Arrangement Scheme (Scotland) Regulations 2011:

(1) In these Regulations, “debt” includes any sum due by a debtor—

(a) constituted by—

(i) decree or document of debt;

(ii) judicial or contractual interest

(iii) charges or penalties due under a contract on any default in respect, or breach of, that contract;

(iv) lease or tenancy agreement;

(v) enactment;

(b) secured by a standard security, to the extent that the sum is arrears of a periodic payment due to be paid under a loan agreement so secured;

(c) recoverable from the debtor as enforcement expenses.

(2) In these Regulations, “debt” excludes any sum due by a debtor—

(a) to the extent it is secured by a standard security, other than where that sum is included under paragraph (1)(b);

(b) as a liability for the purpose of section 17(2B) of the Legal Aid (Scotland) Act 1986;

(c) as a fee charged by a money adviser for the money adviser's services in the debt payment programme in respect of which the services are provided.

d) in respect of a student loan made—

(i) by virtue of regulations made under section 73(f) of the Education (Scotland) Act 1980;

(ii) under section 1 of the Education (Student Loans) Act 1990;

(iii) by virtue of regulations made under section 22 of the Teaching and Higher Education Act 1998; or (iv) by virtue of regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1987.

Definition of a debt adviser

The following is the definition of a debt adviser in relation to a Mental Health Moratorium as referenced in Regulation 8 of the Debt Arrangement Scheme (Scotland) Regulations 2011:

(8) the person—

(a)is qualified to act as an insolvency practitioner in accordance with section 390 of the 1986 Act;

(b)is an individual who works for such an insolvency practitioner and has been given authority by that practitioner to act on the practitioner’s behalf as a money adviser for the purposes of the debt arrangement scheme;

(c)works as a money adviser for organisations which have been awarded accreditation at Type 2 level or above against the Scottish National Standards for Information and Advice Provision; or

(d)works as a money adviser for a citizens advice bureau which is a full member of the Scottish Association of Citizens Advice Bureaux – Citizens Advice Scotland;

(e)works as a money adviser for a local authority; or

(f)is approved by the Debt Arrangement Scheme Administrator under regulation 9.