This was an appeal against the respondents’ decision on 20 April 2011 in terms of section 324(5) of the Mental Health (Care and Treatment)(Scotland) Act 2003 to refuse the appellant’s application for revocation of a section 44 short term detention certificate.At the original hearing in respect of the application, the respondents relied on DET2 form (a proforma used by most detaining authorities) which was missing page 2. The appellant’s solicitor challenged the lawfulness of the detention, submi ...
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J.M. was an adult who had been placed under the guardianship of Glasgow City Council by the High Court. This was the first order of its kind made by the Court, exercising its criminal jurisdiction under s.58(1A) of the Criminal Procedure (Scotland) Act 1995. J.M. was accused of serious sexual offences against five children between 1973 and 1995. A plea in bar of trial was submitted in July 2007 stating that the then 79-year-old accused was suffering from dementia and was unfit to ...
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Parties and Background This was an appeal against a decision of the Mental Health Tribunal for Scotland. The appellant had been subject to a compulsory treatment order since 19 July 2006. In November 2010 the appellant's mental health deteriorated. On 20th December 2010 the Tribunal decided to vary the existing compulsory treatment order from a community-based order to a hospital-based order. Parties’ Submissions The appellant argued that the hearing had been conducted improperly be ...
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Parties and Background The appellant was a patient being treated for a mental health illness at Ailsa Hospital. The first respondent was the patient’s Mental Health Officer. The second respondent was the Mental Health Tribunal for Scotland. In March 2011 a short term detention certificate was granted in respect of the appellant. The MHO then applied to the Tribunal for a compulsory treatment order under the Mental Health (Care and Treatment) (Scotland) Act 2003. The appl ...
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On 13 April 2010, the mental health officer of the appellant was in possession of a report which expressed the view that the appellant had a mental disorder such that an application to the Mental Health Tribunal under section 63 of the Mental Health (Care and Treatment) (Scotland) Act 2003 was warranted. Prior to being in a position to make an application under Section 63, the mental health officer required to have two medical reports supporting the need for an application for a compulsory treat ...
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On 21 October 2010, an application in terms of the Adults with Incapacity (Scotland) Act 2000 was received at Glasgow Sheriff Court, for the grant of powers of guardianship relating to the financial and welfare affairs of an adult. The application in question sought to dispense with the requirement of intimation on the adult, in terms of section 7(1)(d) and 11(2) of the Act. The court noted that service of applications under the 2000 Act was regulated by the provisions of the Act of Sederunt ...
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The respondent was admitted to hospital in May 2001 with suicidal ideation and a strong desire to harm himself. He was diagnosed as having a neuro-developmental disorder, Asperger's syndrome. In subsequent years, the respondent had been the subject of guardianship proceedings, due to concerns over his self-care, personal hygiene and behaviour with others in shared spaces. In August 2007, an order was granted under section 57 of the Adults with Incapacity (Scotland) Act 2000, appointing the app ...
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The appellant was admitted to the State Hospital in 1996. In May 2007, the Mental Health Tribunal for Scotland made an order under section 264 of the Mental Health (Care and Treatment) (Scotland) Act 2003 declaring that the appellant was being held in conditions of excessive security. The appellant’s psychiatric condition was such that no suitable alternative accommodation could be found for him in Scotland and he was transferred to Linden House, a medium-secure facility in Yorkshire. ...
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On 10 May 1996, the appellant pled guilty at Kilmarnock Sheriff Court to a charge of assault and robbery and a charge of assault. While on remand prior to sentence the appellant was transferred to the State Hospital at Carstairs for assessment and was diagnosed as suffering from schizophrenia. At sentencing the appellant was made the subject of a hospital order requiring his compulsory detention in the State Hospital under section 58 of the Criminal Procedure (Scotland) Act 1995. The appellant w ...
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Here the petitioner, a detainee in Leverndale Hospital under a compulsion order under the Criminal Procedure (Scotland) Act 1995, sought to challenge the effectiveness of the provisions of section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003. It was submitted on behalf of the petitioner that the level of security applied to him was excessive and that he wished to reside in an "open ward", thus improving the quality of his life and increasing the prospects of his ultimate lib ...
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