Mental Health (Public Safety and Appeals) (Scotland) Act 1999
Encyclopedia
The Mental Health (Scotland) Act 1999 was an act of the Scottish Parliament which was passed by the Parliament
in September 1999 and was designed to close a loophole in the law which led to the release of mentally ill killer, Noel Ruddle, who was released from the state hospital at Carstairs after arguing its treatment programmes were no longer of benefit to him. This was the first act passed by the Scottish Parliament
after its establishment in 1999.
The first is to add a new criterion to the statutory tests applied by a sheriff or the Scottish Ministers when considering whether to order the discharge of a restricted patient. The sheriff and the Scottish Ministers must now refuse to order a discharge (either conditional or absolute) if satisfied that the patient has a mental disorder, the effect of which is that continuing detention in hospital is necessary to protect the public from serious harm. That is so whether or not the patient is to receive medical treatment for the mental disorder.
The second is to introduce a right of appeal against a decision, notification or recommendation of a sheriff in relation to an appeal brought by a restricted patient in terms of Part VI of the Mental Health (Scotland) Act 1984. The right of appeal against the sheriff’s decision, notification or recommendation is conferred on both the patient and the Scottish Ministers. The appeal is to the Court of Session
.
The Act also widens the term 'mental disorder', which appears in earlier legislation, to include a personality disorder
.
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
in September 1999 and was designed to close a loophole in the law which led to the release of mentally ill killer, Noel Ruddle, who was released from the state hospital at Carstairs after arguing its treatment programmes were no longer of benefit to him. This was the first act passed by the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
after its establishment in 1999.
Purpose of Act
The Act has two main purposes:The first is to add a new criterion to the statutory tests applied by a sheriff or the Scottish Ministers when considering whether to order the discharge of a restricted patient. The sheriff and the Scottish Ministers must now refuse to order a discharge (either conditional or absolute) if satisfied that the patient has a mental disorder, the effect of which is that continuing detention in hospital is necessary to protect the public from serious harm. That is so whether or not the patient is to receive medical treatment for the mental disorder.
The second is to introduce a right of appeal against a decision, notification or recommendation of a sheriff in relation to an appeal brought by a restricted patient in terms of Part VI of the Mental Health (Scotland) Act 1984. The right of appeal against the sheriff’s decision, notification or recommendation is conferred on both the patient and the Scottish Ministers. The appeal is to the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
.
The Act also widens the term 'mental disorder', which appears in earlier legislation, to include a personality disorder
Personality disorder
Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors. Personality disorders are noted on Axis II of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV-TR of the American Psychiatric Association.Personality disorders are...
.
See also
- List of Acts of the Scottish Parliament from 1999
- The State Hospital (Carstairs)State Hospital for Scotland and Northern IrelandThe State Hospital for Scotland and Northern Ireland is a psychiatric hospital providing care and treatment in conditions of high security for around 140 patients from Scotland and Northern Ireland who need to be detained in hospital under conditions of special security that can only be provided...
- Mental Welfare Commission for ScotlandMental Welfare Commission for ScotlandThe Mental Welfare Commission for Scotland is an independent statutory body established to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health Act 2003 or the Adults with Incapacity Act 2000.It enquires into cases of alleged ill...
External links
- Report of the inquiry into the care and treatment of Noel Ruddle, Mental Welfare Commission for ScotlandMental Welfare Commission for ScotlandThe Mental Welfare Commission for Scotland is an independent statutory body established to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health Act 2003 or the Adults with Incapacity Act 2000.It enquires into cases of alleged ill...
, March 30th, 2000