Press Release
3rd September 1999
The Mental Health (Public Safety and Appeals) (Scotland) Bill
Thursday 2nd September, Chamber of the Scottish Parliament
Commenting on the debate, Duncan McNeil, MSP for Greenock and Inverclyde said:
"Mr Ruddle’s discharge from the state hospital at Carstairs exposed a loophole in the law. I am satisfied that the new bill the Scottish Parliament is debating will plug the loophole and ensure public safety."
ENDS
Notes:
Aims of the Bill
1. To add public safety to the grounds for not discharging restricted patients (including prisoners transferred to hospital), detained under the Mental Health (Scotland) Act 1984. (The 1984 Act.) In particular, a Sheriff will be required to refuse an appeal for discharge, if satisfied that the patient is suffering from a mental disorder, the effect of which is such that it is necessary, in order to protect the public from serious harm, that the patient should continue to be detained in a hospital.
2. It will be for the Scottish Ministers to convince the Sheriff that the patient is suffering from a mental disorder of such a degree. A similar test will also require to be applied by the Scottish Ministers when considering the discharge of restricted patients either back to prison under section 71A or to the community under section 68 of the 1984 Act.
Currently no specific criteria are set out in section 68 of the 1984 Act to guide the Scottish Ministers in deciding whether to grant discharge to a restricted patient. The amendment will ensure the Scottish Ministers, too, are clearly seen to be giving due weight to public safety in reaching their decision;
3. To introduce a new right of appeal to the Court of Session, for either the patient or Scottish Ministers, against the decision of the Sheriff. Where an appeal is lodged against the decision of the Sheriff to direct the discharge of a patient, the Court of Session may, on a motion by the Scottish Ministers, order that the patient continue to be detained until the appeal process has been concluded. During the period within which consideration is given to lodging an appeal (14 days), the patient remains in hospital;
4. To make clear that the term ‘mental disorder’ in the 1984 Act includes personality disorder.
Other Notes
The Bill is perceived as an interim measure, pending the outcome of the reviews currently being undertaken by the Committees under the chairmanship of the Rt Hon Bruce Millan and the Hon Lord MacLean respectively. The MacLean Committee is reviewing the sentencing and treatment of serious violent and sexual offenders, including those with personality disorders, while the Millan Committee is reviewing the Mental Health (Scotland) Act 1984. Both Chairmen have been assured that the Bill is in no way intended to pre-empt their work.
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