1 / 25

New Legislation for Mentally Disordered Offenders

New Legislation for Mentally Disordered Offenders. Major Legislative Developments Interactions between the Criminal Justice and Mental Health Systems Specific Legislation. Principles Participation Respect for carers Informal care Least restrictive alternative Maximum benefit

george
Download Presentation

New Legislation for Mentally Disordered Offenders

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. New Legislation for Mentally Disordered Offenders • Major Legislative Developments • Interactions between the Criminal Justice and Mental Health Systems • Specific Legislation

  2. Principles Participation Respect for carers Informal care Least restrictive alternative Maximum benefit Non discrimination Respect for diversity Reciprocity Child welfare - paramount Equality New Definitions Mental Health Tribunal Community Treatment Order Services for Children Services for Post Natal Depression Patient Representation Advocacy Named Person Advance Statements Assessment of Needs Security Level Appeals Urgent detention of acquitted persons Major Developments within the Mental Health (Care & Treatment) (Scotland) Act 2003

  3. Mental Health Legislation: Criminal • Mental Health (Scotland) Act 1984 • Criminal Procedure (Scotland)Act 1995 • Crime and Punishment (Scotland) Act 1997 • Mental Health (Public Safety and Appeals) (Scotland) Act 1999 • Mental Health (Care and Treatment) (Scotland) Act 2003

  4. Criminal Justice and Mental Health Systems • Police - Place of Safety • - Informal treatment • - Emergency or Short-term Detention • Pre-Trial - Assessment Order) from court or • - Treatment Order) prison • - Assessment or Treatment as a condition of bail • Trial - Psychiatric Defences • Acquittal Conviction Acquittal on grounds of insanity •  • Urgent Detention Psychiatric Options for Disposal • of an Acquitted Person • Prison • - Transfer for Treatment Direction

  5. Legislation for MDOs

  6. Legislation for MDOs

  7. REMOVAL TO A PLACE OF SAFETY FROM A PUBLIC PLACE - POLICE • Section : 297 • Purpose : Medical Examination • Conditions : Police officer suspects mental disorder in a person in a public place • : In immediate need of care and treatment • : In person’s interest or for protection of others • Powers : Detention in a place of safety for a medical examination • Duration : 24 hours • Signatories : Police Officer • Revocation : Nil • Appeal : Nil

  8. Conditions for Detaining Mentally Disordered Offenders • Mental Disorder • Treatment likely to alleviate symptoms or prevent deterioration is available • Risk to health, safety or welfare of patient; or safety of others • Making the order is necessary • No impaired decision making ability criterion for MDOs • Court: all circumstances / alternative means

  9. Remand to Hospital for Assessment • Section : 52 B-J Assessment Order CP(S) A 1995 • Purpose : Assessment in hospital prior to trial or sentencing. From court or prison • Evidence : Written or oral from one registered doctor • Conditions : MD / Risk / Detention in hospital necessary to determine if treatment order criteria met / Assessment could not be undertaken if patient not in hospital / bed available in 7 days • Powers : Detention in hospital (Not treatment). Restricted • Duration : 28 days (7 day extension) • Duties : RMO court report • : Social circumstances report • Revocation or Variation : RMO applies to court

  10. Remand to Hospital for Treatment • Section : 52 K-S Treatment Order CP(S) A 1995 • Purpose : Treatment in hospital pre trial or sentencing. From court or prison. • Evidence : Written or oral from two registered doctor (1 approved) • Conditions : MD / treatability / risk / bed available in 7 days • : Can be applied for directly or after an assessment order • Powers : Detention in hospital & treatment (Part 16). Restricted • Duration : No time limit • Duties : RMO court report • Revocation or Variation : RMO applies to court

  11. Pre-sentence Inquiry into Mental or Physical condition • Section : 200 CP(S) A 1995 • Purpose : To remand a convicted person in custody or on bail for assessment of mental or physical condition. Bail, prison or hospital • Evidence : Written or oral from one registered doctor

  12. Pre-sentence Inquiry into Mental or Physical condition • Conditions : convicted of an offence punishable by imprisonment • : needs inquiry into mental or physical condition • Hospital : suffering from a mental disorder • : suitable hospital placement available • Overlap with S52 B-J / K-S • Duration : 3 weeks (extension for 3 weeks) • Duties : Court report prepared in hospital, community or prison • Revocation : Court

  13. Interim Compulsion Order • Section : 53 CP(S) A 1995 • Purpose : inpatient assessment • Evidence : written or oral from 2 doctors (1 approved) • Conditions : MD / treatability / risk / bed available in 7 days • : likely compulsion and restriction orders or hospital direction • Not just State Hospital • Powers : detention and treatment in hospital (Part 16) • Duration : 3-12 months (12 weekly renewal) • Duties : RMO report / MHO – SCR • Revocation or Variation: no procedure/write to court

  14. Compulsion Order • Section : 57 A CP(S) A 1995 • Purpose : treatment in hospital or community (CTO) • Evidence : written or oral from 2 doctors (1 approved) • Conditions : MD / treatability / risk / hospital - bed available in 7 days • Convicted of an offence punishable by imprisonment • Powers : Part 16 treatment, attendance, access, residence requirements • Duration : 6 months (+ 6 months  annual) • Duties : care plan • Revocation or Variation : Tribunal • Non-compliance : as CTO

  15. Restriction Order • Section : 59 CP(S) A 1995 • Purpose : control of high risk patients • Evidence : oral evidence of 1 medical practitioner • : inpatient compulsion order • : offence / antecedents / risk • Powers : Detention in hospital • : Leave and transfer - Scottish Ministers • Duration : Without limit of time • Duties : RMO (annual) report • : MWC / Scottish Ministers • Revocation or Variation : Tribunal

  16. Tribunal Review RMO MWC Scottish Ministers Patient Named Person Automatic – 2 years Criteria Mental Disorder Treatability Risk Serious risk to others Compulsion order necessary Restriction order necessary - variation of compulsion order Hospital necessary Restriction Order: review

  17. Tribunal Review: CORO • Outcome • Absolute discharge • Conditional discharge - defer? • Compulsion order – vary? • CORO • Hearing • Appeal – delays order

  18. Hospital Direction • Section : 59A CP(S) A 1995 • Purpose : combines hospital detention and prison sentence • Evidence : oral or written from 2 doctors (1 approved) • : doctors can recommend a hospital direction • Conditions : as compulsion order / link between mental disorder, offence +/- risk is weak • Powers : detention in hospital or prison • Duration : length of prison sentence / civil detention – C.T.O. • Duties : RMO (annual) reports • : MWC / Scottish Ministers • Revocation or Variation : Scottish Ministers & Tribunal : E.D.L. • : Parole : Release on life licence

  19. Criteria Mental Disorder Treatability Risk Serious risk to others Hospital direction necessary Outcome Transfer to prison Hospital direction Hearing Tribunal Review: Hospital Direction

  20. Admission in 7 days place of safety powers to convey – police, hospital, other Abscond custody – hospital inform court / Scottish Executive revoke or vary order? Suspension of detention certificate by RMO consent of Scottish Ministers escort length location time limits (TO, ICO, CORO, HD & TTD) revocation RMO or Scottish Ministers Standard Procedures

  21. Probation Order • Section : 230 CP (S) A 1995 • Purpose : medical or psychological treatment of a mental condition • Evidence : oral or written by 1 doctor or a chartered psychologist • : mental disorder - needs treatment • : CTO or CO not required • : patient and CJSW agree

  22. Probation Order • Duration : 6 months  3 years • Duties : liaison with CJSW • : Social Enquiry Report • Variation : agreement of supervising officer • : inform court • Non compliance : notification to court

  23. Intervention and Guardianship Orders • Sections : S.60B CP(S) A 1995 • : S.58 (1A) CP (S) A 1995 • Purpose : personal welfare decisions or management (not financial) • Evidence : 2 medical reports ( 1 approved),/MHO report/3rd report • Conditions : found insane/offence punishable by imprisonment • : mental disorder • : compulsion order not required • : punishment not required • : incapacity for relevant matters • : personal welfare issues

  24. Urgent Detention of an Acquitted Person • Section : 134 MH (C&T) (S) A 2003 / 60C CP (S) A 1995 • Purpose : for medical assessment re emergency or short term detention • Evidence: 2 medical recommendations for mental health disposal • : MD / treatability / risk • : not convicted • : not practicable to secure immediate examination • Powers : detention in a place of safety • Duration: 6 hours • Duties : medical examination

  25. Transfer for Treatment Direction • Section : 136 MH (C&T) (S) A 2003 • Purpose : treatment in hospital of sentenced prisoners • Evidence : 2 medical reports (1 approved) to Scottish Ministers • Conditions : MD / treatability / risk / TTD necessary / bed available in 7 days • Powers : to transfer and treat in hospital, via a place of safety if necessary. All restricted. • Duration : length of prison sentence • Duties : RMO (annual report) • Revocation or variation : Scottish Ministers or Tribunal : E.D.L. • : Parole : Release on life licence

More Related