Criminal Procedures 2003 Act Principles

1. Criminal Procedures2003 Act Principles • The principles of the 2003 Act apply to all actions. Edward Finlayson SLC

2. Criminal ProceduresLA Duties • Designated MHO, for ALL ‘events’ • Social circumstance reports (SCRs) • MHO reports, for the criminal courts Edward Finlayson SLC

3. Requirement to designated MHO from the LA where the patient resided prior to the ‘Event’. • Legal requirement under Section 229 • Supports ‘throughcare’ link to LA from admission to discharge • Supports joint care planning in relation to rehabilitation and risk management. • Exception if patient from outside Scotland – then LA for Hospital. Edward Finlayson SLC

4. Criminal Procedures EVENTS – MH 232 • Assessment order • Treatment order • Interim compulsion order • Compulsion order (including restriction) • Hospital direction • Transfer for treatment direction Edward Finlayson SLC

5. Criminal Procedures Assessment Order – 52 B-J • Pre or post trial • Any medical practitioner • Reasonable grounds to believe there is mental disorder / detention is needed • Is treatment order required • Significant risk • 28 days – 7day extension • Order is subject to Restriction Edward Finlayson SLC

6. Criminal Procedures Treatment Order – 52K - T • Pre or post trial • 2 doctors – 1 AMP • There is mental disorder requiring treatment • Significant risk • Until conviction or sentence (140 days if on solemn procedure or 40 days on summary) • Order is subject to Restriction Edward Finlayson SLC

7. Criminal ProceduresCompulsion Order – 57A • 2 doctors – 1 AMP • There is mental disorder requiring treatment • Impaired decision making not required • Compulsion in hospital or community • MHO report for the court • MHT review after 6 months • Reviews at 6 / 12 months, by MHT. Edward Finlayson SLC

8. Restriction – 59 • Protection of public from serious harm • Scottish Ministers oversee (monitored by case workers of the Restricted Patients Branch of the SG Reshaping Care and Mental Health Division). • Memorandum of Procedure Guidance (referred to as the MOP) Edward Finlayson SLC

9. Restriction – 59 • Suspension of Detention or Hospital Transfer authorised by Scottish Ministers • Conditional or Absolute Discharge by MHTS • Appeal to MHTS • Psychiatric supervisor • Social work supervisor, on discharge. (recommended MHO) Edward Finlayson SLC

10. Criminal ProceduresInterim Compulsion Order – 53 • Serious risk • Restriction or Hospital direction being considered • 2 doctors – 1 AMP • There is mental disorder requiring treatment • 12 weeks – up to 1 year Edward Finlayson SLC

11. Criminal ProceduresHospital Direction – 59A • Serious violent offence • 2 doctors – 1 AMP • MHO report for the court • There is mental disorder requiring treatment • Little or no link between mental disorder and offending. • Prison sentence combined with hospital treatment. Edward Finlayson SLC