Edward Finlayson SLC1 Criminal Procedures 2003 Act Principles The principles of the 2003 Act apply to all actions.

Edward Finlayson SLC2 Criminal Procedures LA Duties Designated MHO, for ALL ‘events’ Social circumstance reports (SCRs) MHO reports, for the criminal courts

Edward Finlayson SLC3 Requirement to designated MHO from the LA where the patient resided prior to the ‘Event’. Legal requirement under Section 229 Supports ‘throughcare’ link to LA from admission to discharge Supports joint care planning in relation to rehabilitation and risk management. Exception if patient from outside Scotland – then LA for Hospital.

Edward Finlayson SLC4 Criminal Procedures EVENTS – MH 232 Assessment order Treatment order Interim compulsion order Compulsion order (including restriction) Hospital direction Transfer for treatment direction

Edward Finlayson SLC5 Criminal Procedures Assessment Order – 52 B-J Pre or post trial Any medical practitioner Reasonable grounds to believe there is mental disorder / detention is needed Is treatment order required Significant risk 28 days – 7day extension Order is subject to Restriction

Edward Finlayson SLC6 Criminal Procedures Treatment Order – 52K - T Pre or post trial 2 doctors – 1 AMP There is mental disorder requiring treatment Significant risk Until conviction or sentence (140 days if on solemn procedure or 40 days on summary) Order is subject to Restriction

Edward Finlayson SLC7 Criminal Procedures Compulsion Order – 57A 2 doctors – 1 AMP There is mental disorder requiring treatment Impaired decision making not required Compulsion in hospital or community MHO report for the court MHT review after 6 months Reviews at 6 / 12 months, by MHT.

Edward Finlayson SLC8 Restriction – 59 Protection of public from serious harm Scottish Ministers oversee (monitored by case workers of the Restricted Patients Branch of the SG Reshaping Care and Mental Health Division). Memorandum of Procedure Guidance (referred to as the MOP)

Edward Finlayson SLC9 Restriction – 59 Suspension of Detention or Hospital Transfer authorised by Scottish Ministers Conditional or Absolute Discharge by MHTS Appeal to MHTS Psychiatric supervisor Social work supervisor, on discharge. (recommended MHO)

Edward Finlayson SLC10 Criminal Procedures Interim Compulsion Order – 53 Serious risk Restriction or Hospital direction being considered 2 doctors – 1 AMP There is mental disorder requiring treatment 12 weeks – up to 1 year

Edward Finlayson SLC11 Criminal Procedures Hospital Direction – 59A Serious violent offence 2 doctors – 1 AMP MHO report for the court There is mental disorder requiring treatment Little or no link between mental disorder and offending. Prison sentence combined with hospital treatment.