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MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003
TRANSITIONAL TRAINING GUIDE
INTRODUCTORY TRAINING FOR MENTAL HEALTH OFFICERS AND OTHER PRACTITIONERS
EMERGENCY AND SHORT-TERM DETENTION AND RELATED MATTERS
READER 2

This document is also available in pdf format (252k)

CONTENTS

1. Introduction
2. Section 32 duties of the Local Authority in respect of appointment of MHOs
3. Section 33 duty to enquire
4. Section 35 inquiries under section 33: warrants
5. Emergency Detention in relation to other forms of compulsion
5.1 Process of Emergency Detention
5.2 Authority and duration
5.3 Conditions for Emergency Detention
5.4 Other matters in relation to Emergency Detention
6. Short-term Detention
6.1 The process of granting a Short-term Detention certificate
6.2 Conditions for Short-term Detention
6.3 Duration of Short-term Detention
6.4 Application to the Tribunal for Revocation of Short-Term Detention Certificate
6.5 The Role of the MHO
6.6 Section 47 Extension Certificate
6.7 The Responsible Medical Officer's Duty to Review Short-term Detention
7. Assessment of Risk in relation to Conditions of Detention
7.1 What is risk?
7.2 Factors for consideration in attempting to quantify the X x Y equation
7.3 Considerations that may enhance accuracy of assessment
7.4 Risk Assessment in the context of the conditions for Detention
8. What next?
8.1 References
9.0 Self-assessed questionnaire
Annex A: Answers to the second self-assessed test of knowledge (Reader 2)
Annex B: Mental Health (Care and Treatment) Act Scotland 2003 comparison with Mental Health (Scotland) Act 1984

FOREWORD

This is part of a package of training materials commissioned by the Scottish Executive. It was developed by Mike Maas-Lowit of Robert Gordon University who was assisted in this process by a multi-disciplinary Advisory Group drawn from services across Scotland and chaired by the Scottish Executive.

The training material is geared primarily to assisting Mental Health Officers gain knowledge of their new statutory roles and duties which have been expanded considerably in the Mental Health (Care and Treatment) (Scotland) Act 2003. The material, however, is organised in such a way as to be of value to others involved in implementing the new legislation. Ideally, wherever possible, training will be delivered on a joint basis.

By necessity the material had to be developed before the Code of Practice, Regulations and Forms had been finalised. References made are generally to draft versions of each (e.g. Volume 1 of the Draft Code of Practice published in March 2004 and Volumes 2 and 3 in June 2004). This material should not be taken as a definitive, legal interpretation of statute. Practitioners should refer to primary legislation and the associated Codes of Practice and seek their own legal advice when questions on implementation and/or interpretation arise.

All should feel free to reproduce any of the material included in the Mental Health (Care and Treatment) (Scotland) Act 2003 Transitional Training Guide series, although the name of the author and the publication from which it came should always be clearly stated. All the material can be downloaded from the Scottish Executive's mental health law website: www.scotland.gov.uk/health/mentalhealthlaw

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