Restricted patients are persons detained in hospital under a hospital order with a restriction order. They have usually committed an offence punishable by imprisonment but as a result of mental disorder are not imprisoned but ordered to be detained in hospital for treatment, without limit of time. They are dealt with through a programme of treatment and rehabilitation - the aim being to prevent recurrence of offending by dealing with the mental disorder.
There are approximately 290 restricted patients in the system at any one time. Just over half are detained in the State Hospital with the remainder detained in local psychiatric hospitals or living in the community on conditional discharge.
Treatment plans for restricted patients are geared to individual circumstances and reflect the health and safety requirements of the patient, issues in relation to victims and their families and public safety considerations.
From October 2005, responsibility for the discharge of restricted patients from hospital has transfered to the Mental Health Tribunal System. Scottish Ministers will retain their role for the day to day management of restricted patients including authorising leave of absence from hospital, transfers between hospitals and recall from conditional discharge.
A Memorandum of Procedure on Restricted Patients is available which gives guidance to those who are involved with the management and care of restricted patients.
For more information please contact the restricted patients team.