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New mental health legislation in Scotland

Published online by Cambridge University Press:  02 January 2018

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Abstract

The Mental Health (Care and Treatment) (Scotland) Act 2003 was implemented in October 2005. This article summarises the main features of the Act and its differences from previous legislation. The Act was intended to provide a more flexible range of interventions, including compulsory treatment in the community. It also introduced a number of new safeguards. These are described and early data on their impact are presented. Some provisions of the Act are time-consuming and cumbersome, but there is evidence that psychiatrists are committed to its principles and this is borne out by early monitoring data. Some aspects of the Act are being reviewed at the time of writing.

Information

Type
Research Article
Copyright
Copyright © The Royal College of Psychiatrists 2008 
Figure 0

Fig. 1 Number of people subject to detention orders under civil procedures in Scotland from 1997–98 to 2006–7 (Mental Welfare Commission for Scotland, 2007; by permission).

Figure 1

Fig. 2 Number of people subject to compulsion orders under criminal procedures in Scotland from 1992–3 to 2006–7; hospital orders were the equivalent of compulsion orders under previous legislation (Mental Welfare Commission for Scotland, 2007; by permission).

Figure 2

Table 1 Findings from visits to people subject to compulsion, 2006–7

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