Report on the Review of the Mental Health (Scotland) Act 1984

Footnotes Section 6

1 Mental Welfare Commission for Scotland Annual Report 1996-7, p34
2 Mental Welfare Commission for Scotland Annual Report 1997-8, p34
3 Criminal Procedure (Scotland) Act 1995, s.58
4 Report of the Committee on Serious Violent and Sexual Offenders, (Scottish Executive SE/2000/68) paras 2.50-2.51 and Recommendation 4
5 1984 Act, s60
6 See Criminal Procedure (Scotland) Act 1995, s59, and Mental Health (Scotland) Act 1984, ss62 and 68
7 Report of the Committee of Inquiry into the Personality Disorder Unit, Ashworth Special Hospital, Vol 1 (1999), Cmnd.4194-II, recommendation 7.6-20
8 Criminal Procedure (Scotland) Act 1995, s53
9 Report of the Committee on Serious Violent and Sexual Offenders (Scottish Executive SE/2000/68), para 7.20 and recommendation 31
10 Report of the Committee on Serious Violent and Sexual Offenders, para 7.19 and Recommendation 30
11 1984 Act, s62A
12 1984 Act, s65
13 1984 Act, s74(a)
14 Amendments to the Mental Health (Scotland) Act 1984 by the Crime and Punishment (Scotland) Act 1997, NHS MEL (1997) 86, Annex A para 3
15 Adults with Incapacity (Scotland) Act 2000, Schedule 5, para. 26
16 1984 Act, s71
17 1984 Act, s71
18 Report of the Committee on Serious Violent and Sexual Offenders, (Scottish Executive SE/2000/68) (Herein after 'Maclean Report'
19 Maclean Report Chapter 8
20 Maclean Report Recommendation 27
21 Maclean Report Para 7.3
22 Maclean Report Para. 3.39
23 Maclean Report Paras 12.5-12.14
24 Restricted Patients - Memorandum on Procedure, Scottish Office Home and Health Department, December 1993
25 1984 Act, s63
26 X v UK, 1981 4 EHRR 188
27 1984 Act, s64(A1) and s68(2A)
28 Anderson, Doherty & Reid v Scottish Ministers and Advocate General for Scotland, Court of Session, 16 June 2000
29 Report of the Inquiry into the Care and Treatment of Noel Ruddle, (Scottish Parliament, (SP Paper 98, Session 1 (2000)), recommendation 11
30 The power to impose conditions is set out in s64(4) and s68(2) of the 1984 Act
31 Winterwerp v the Netherlands, 1979, EHRR 387
32 1984 Act, s64(7)
33 Report of the Inquiry into the Care and Treatment of Noel Ruddle (Scottish Parliament SP Paper 98, Session 1 (2000) Recommendation 11
34 Criminal Procedure (Scotland) Act 1995, s58 (5). See also s59A (4) for hospital directions.
35 Under Criminal Procedure (Scotland) Act 1995, s59, a restriction order may be imposed:
'Where... it appears to the court-
(a) having regard to the nature of the offence with which he is charged;
(b) the antecedents of that person; and
(c) the risk that as a result of his mental disorder he would commit offences if set at large, that it is necessary for the protection
of the public to do so'.
36 1984 Act, s29(4)
37 Criminal Procedure (Scotland) Act 1995, s60
38 R v Secretary of State for Scotland 1999 SLT 279
39 Mental Health (Public Safety and Appeals) (Scotland) Act 1999, s1
40 Scottish Parliament Official Report Vol.2 no.3, (8 September 1999) Iain Gray MSP at columns 247-8.
41 Paragraph 13.46
42 Anderson, Doherty and Reid v The Scottish Ministers and the Advocate General for Scotland, Court of Session 16 June 2000
43 Winterwerp v the Netherlands, 1972 2 EHRR 387
44 X v UK, 1981 4 EHRR 188
45 Report of the Committee on Serious Violent and Sexual Offenders (Scottish Executive SE/2000/68), paragraph 7.15 and recommendation 28
46 Maclean Report Paragraph 12.3
47 R v Canons Park Mental Health Review Tribunal, ex parte A, [1995] QB60
48 Per Lord Justice General Dunedin in HM Advocate v. Brown (1907) 5 Adam 312 at p343
49 HM Advocate v. Sharp 1927 J.C.66
50 HM Advocate v. Stewart 1997 S.C.C.R. 330
51 HM Advocate v. Wilson 1942 J.C.75 per Lord Wark at 79
52 Criminal Procedure (Scotland) Act 1995 s54
53 Burman M. and Connolly C, 1999 Mentally Disordered Offenders and Criminal Proceedings: The Operation of s54 of the Criminal Procedure (Scotland) Act 1995; (Stationery Office), Chapter 3
54 Criminal Procedure (Scotland) Act 1995 s55 (6)
55 HM Advocate v. Kidd 1960 J.C. 61, per Lord Strachan at p70
56 HM Advocate v Connolly 1990 S.C.C.R. 505
57 McNaghten's case, (1843) [1843-1869] All E.R. Reprints p229
58 Criminal Procedure (Scotland) Act 1995, Schedule 4
59 Criminal Procedure (Scotland) Act 1995, s57(3)
60 Report of the Committee on Mentally Abnormal Offenders (1975) Cmnd. 6244
61 Burman, M. and Connolly, C. (1999) Mentally Disordered Offenders and Criminal Proceedings: The operation of s54 of the Criminal Procedure (Scotland) Act 1995 (Stationery Office) Chapter 3, part 5
62 Burman and Connolly, Chapter 3, part 6
63 Burman and Connolly, Chapter 3, part 7
64 Burman and Connolly, Chapter 7
65 Report of the Committee on Serious Violent and Sexual Offenders, (Scottish Executive SE/2000/68) paras 7.21-7.23 and recommendation 32
66 HM Advocate v. Savage 1923 J.C. 49 at p51
67 Brennan v. HM Advocate 1977 J.C. 38
68 HM Advocate v. Carraher 1946 J.C. 109
69 HM Advocate v. Connolly 1990 S.C.C.R. 505
70 HM Advocate v. Blake 1996 S.L.T. 661
71 R v Byrne 1960 2 QB 396
72 Report of the Committee on Mentally Abnormal Offenders (1975) Cmnd. 6244, 19.14-19.16
73 Interviewing People who are Mentally Disordered: Appropriate Adult Schemes (SWSG circular 8/98)
74 Mental Welfare Commission Annual Report 1995-6 page 15
75 'Roles and responsibilities of general practitioners and police dealing with potentially violent mentally disordered persons in the community', Community Care Circular 3/99

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