The Scottish Government

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ISBN 0 7559 4485 2

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Contents

List of Common Abbreviations
Section 1. Introduction
Section 2. Overview & principles
Principles
Mental disorder
Medical treatment
Section 3. Short-term detention certificate ( STDC) - (section 44)
Criteria for issuing an STDC
Granting an STDC
Revoking and extending an STDC
Right of appeal about an STDC
Section 4. Compulsory treatment order ( CTO)
Criteria for issuing a CTO
'Measures' authorised through CTOs
Mental health reports to support a CTO application
CTOs in operation - (section 64)
Interim CTO
Reviewing the CTO
Rights of Appeal
Non-compliance with a CTO
Section 5. Emergency detention certificate - (section 36)
Criteria for granting an EDC
Terms of the EDC
What is a medical examination?
Section 6. Suspension of compulsory measures
Suspension of an EDC
Suspension of an STDC (Section 53)
Revoking suspension of a detention certificate (Section 54)
Suspension of CTOs and interim CTOs (Sections 127 and 128)
Revoking suspension of a CTO and interim CTO (Section 129)
Section 7. Other issues relating to the 2003 Act
Transfers within Scotland
Transfers outwith Scotland
Unlawful detention
Absconding
Section 8. Responsibilities of statutory bodies in administering the 2003 Act
Mental Welfare Commission
NHS Boards
Local authorities
Independent advocacy services
Section 9. New rules on patients' rights and representation
The named person
Advance statements
Offences
Section 10. The 2003 Act and the Criminal Justice System
Criminal justice system in Scotland
Provision for people with mental disorder within the criminal justice system
Aims of the new legislation
Pre-conviction provision
Assessment orders
Treatment orders
Potential outcomes of the trial process
Acquittal of the offence
Insanity in bar of trial
Conviction stage
Post-conviction disposals
Conditions for restriction
Patient safeguards and right of appeal
Section 11. Appendix 1 Notifying and informing the Mental Welfare Commission - timelines for responsible medical officers
Section 12. Appendix 2 Significantly impaired decision-making ability
Section 13. Appendix 3 Psychiatric report to the Court
Section 14. Appendix 4 Risk assessment
Section 15. Appendix 5 Procedures available for the assessment and treatment of mentally disordered offenders at the various stages of the criminal justice process
Section 16. Glossary of commonly-used terms in the 2003 Act
Section 17. Sources of further information
Guide for medical practitioners on the granting of an emergency detention certificate under section 36 of the Mental Health (Care and Treatment) (Scotland) Act 2003
Guide for medical practitioners on the granting of a short-term detention certificate under section 44 of the Mental Health (Care and Treatment) (Scotland) Act 200

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