scholarly journals The Mental Health (Care and Treatment) (Scotland) Act 2003: legislation for mentally disordered offenders

2006 ◽  
Vol 30 (11) ◽  
pp. 423-429 ◽  
Author(s):  
Lindsay D. G. Thomson

The Mental Health (Care and Treatment) (Scotland) Act 2003 contains major amendments to the Criminal Procedure (Scotland) Act 1995 that have a direct effect on the assessment and management of mentally disordered offenders. The major developments and provisions of this new legislation are described.

2020 ◽  
Vol 60 (2) ◽  
pp. 93-101
Author(s):  
Ying Tian Lim ◽  
Daniel M Bennett

Written material provides an important way for services to communicate with patients. Those who require detention under the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 in Forensic Services within NHS Scotland are usually issued with statutory letters that contain information about their detention. To ensure that letters are readable by patients, templates of such letters were obtained from all health boards in Scotland and analysed using readability indices. Response rate across health boards was 92% (12/13). The results were compared according to readability threshold, types of letters, legal orders and health boards. Between 11.9% and 57.6% of issued letters were found not to be readable. It was also found that there were significant differences in readability across health boards. The study modified the original template of letters, and post-modification readability significantly improved. It may be helpful for patients if NHS Scotland issued such letters with improved readability or introduced a standard template.


Author(s):  
Ian Cummins

This chapter will explore the relationship between deinstitutionalisation and the increase in the use of imprisonment. The chapter begins with a consideration of the problem of how do we define “mentally disordered offenders” and a brief outline of the Penrose Hypothesis (Penrose, 1939 and 1943) which sought to explain the links between the use of imprisonment and institutionalised psychiatric care. This approach will be used as critical lens to examine policy developments in this area. Broader issues regarding the treatment of mentally disordered offenders will then be discussed. This section will highlight the pressures on the CJS and the way that it has become, in many cases, a de facto provider of mental health care. The argument that deinstitutionalisation has led to the “criminalisation of the mentally ill” will be discussed. The legacy of deinstitutionalisation and the expansion of the penal state will be discussed focusing on contemporary issues in the CJS.


Author(s):  
John Dawson ◽  
Tom Burns

This chapter considers legal mechanisms for directing that the treatment of a mentally disordered offender should take place under the civil commitment scheme. Mentally disordered offenders should be dealt with in the least restrictive manner and receive timely transfer of their care to general mental health teams. We discuss factors likely to influence the responsible authorities when deciding whether to direct offenders to treatment under the civil scheme. The scope of the powers that would continue to be available over the person’s treatment is a key factor. With insufficient powers, authorities might be reluctant to direct an offender to the civil scheme. Yet, if strong powers were available, that would pose a threat to the rights of ordinary civil patients under that scheme. Some way must therefore be found to finesse the differing interests of offenders and ordinary civil patients in the design of the civil scheme. .


2017 ◽  
Vol 16 (1) ◽  
pp. 3-4 ◽  
Author(s):  
Brian McKenna ◽  
Jeremy Skipworth ◽  
Krishna Pillai

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