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SCOTTISH EXECUTIVE HEALTH DEPARTMENT MEMORANDUM OF PROCEDURE ON RESTRICTED PATIENTS

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ANNEX B3
APPLICATION FOR SUSPENSION OF DETENTION - REQUESTS BY RESPONSIBLE MEDICAL OFFICERS

Please note that our target for reaching a decision on these requests is three weeks, provided that we have all of the information that we need.

(In addition, the RMO may also attach a copy of the suspension of detention plan prepared locally in the hospital)

APPLICATION FOR SUSPENSION OF DETENTION - REQUESTS BY RESPONSIBLE MEDICAL OFFICERS

To enable us to consider a request for escorted or unescorted suspension of detention you should comment on the following points (see also the checklist at Annex B2 of the Memorandum of Procedure):

1. Mental state

  • Do you consider the patient's mental state to be stable?
  • If so, how long has the patient been stable?
  • To what extent does the patient have insight into his/her illness and the need for medication?
  • What are the patient's current attitudes to index offence?
  • Does the patient continue to express delusional/abnormal beliefs?
  • If so, to what extent, and would such beliefs pose a risk to the public?

2. Behaviour

  • Has the patient shown any evidence of physical or verbal aggression since the last annual statutory report?
  • If so, give details and action taken.
  • Has the patient attempted any self harm since the last annual statutory report?

3. Treatment Plan

What is the nature of counselling/therapy the patient has received?

  • What is the degree to which the patient has shown improvement as a result?
  • What are the therapeutic goals that will be set for the suspension of detention?
  • What is the contribution that this suspension of detention will make:
  • to the longer-term programme of rehabilitation?
  • to the overall treatment plan? and
  • how will the milestones and achievements that will mark the leave a success be measured?

4. Sex Offenders

  • Has the patient shown any inappropriate sexual behaviour towards anyone since the last annual statutory report?
  • What are current plans regarding attendance at a Sex Offenders Group?

5. Substance Abuse and its effect on the patient's mental state

  • What role, if any, did substance abuse play in the index offence?
  • What effect does substance abuse have on the patient's mental state?
  • If substance abuse is a concern, will the patient be tested on return from leave?
  • If so: at random? routinely?

6. Risk to Victims and Others

  • What is your assessment of the risk (s)he would present to
  • past victims
  • any specific group of people
  • the public in general?
  • What is the patient's attitude to any previous victims?
  • How would any risks be managed?

7. Suspension of detention

You may also attach a copy of the suspension of detention plan prepared locally in the hospital

  • Has the patient had any leave in the hospital grounds?
  • escorted/unescorted?
  • If so, how often is this used?
  • Have you at any time rescinded leave in the hospital grounds? If so, why?
  • What are the key issues that the suspension of detention will test in respect of:
  • the risk assessment?
  • the patient's mental disorder?
  • Are there any special sensitivities about particular venues to be visited e.g.
  • the area where the index offence took place, or
  • possible encounter with victims or family, or
  • local hostility towards the patient?
  • If so, how would they be managed?
  • If the crime or the patient are high public profile locally or nationally, how do you propose to minimise the risk of publicity?

8. Abscond Risk

  • Have there been any incidents of absconding?
  • What risk do you believe the patient would present now of absconding?
  • What plans are in place if the patient were to abscond? ( e.g. give details of discussions that have taken place with police and social work)

9. General

  • Is this request supported by all members of the multidisciplinary team and the patient?
  • Please give below comments from other members of the multidisciplinary team:
  • Is there anything else we should be made aware of?

Signed:

Responsible Medical Officer ( RMO)

Date:

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Page updated: Wednesday, October 5, 2005