Mental Health (Public Safety and Appeals) (Scotland) Act 1999: detention of untreatable patients with psychopathic disorder

Crichton, John; Darjee, Rajan; McCall-Smith, Alexander; Chiswick, Derek

doi:10.1080/09585180127382

Cited by 8 publications

(4 citation statements)

References 6 publications

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“…We have previously reported this case as far as an appeal to the House of Lords (Darjee, McCall-Smith, Crichton, & Chiswick, 1999) and some subsequent developments in Scotland (Crichton, Darjee, McCall-Smith, & Chiswick, 2001).…”

Section: Introductionmentioning

confidence: 92%

“…Although the treatability criterion was introduced as a safeguard, following this case it was castigated as a 'loop-hole'. This alleged 'loop-hole' was addressed by the first piece of legislation enacted by the newly reconstituted Scottish Parliament, the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 (Crichton et al, 2001). The definition of mental disorder in the 1984 Act was amended to emphasise that personality disorder came within its scope and the criteria to be considered in discharging restricted patients were amended, so that section 64(A1) read:…”

Section: Subsequent Developmentsmentioning

confidence: 99%

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Reid v. the United Kingdom: Restricted patients and the European Convention on Human Rights

Darjee¹,

Crichton²

2005

Journal of Forensic Psychiatry & Psychology

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This article describes the recent decision of the European Court of Human Rights in the case of a patient with personality disorder detained under a restriction order in Scotland's high security hospital. This is set in the context of recent case law in Scotland in similar cases and in England where forensic patients have made challenges, in domestic courts under the European Convention on Human Rights (ECHR), to their detention and treatment. We conclude that the ECHR has offered little in the way of tangible benefit to such patients.

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Section: Introductionmentioning

confidence: 92%

Section: Subsequent Developmentsmentioning

confidence: 99%

Reid v. the United Kingdom: Restricted patients and the European Convention on Human Rights

Darjee¹,

Crichton²

2005

Journal of Forensic Psychiatry & Psychology

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“…The newly reconstituted Scottish Parliament addressed this 'loop-hole' with its first piece of legislation in 1999, amending the definition of mental disorder explicitly to include personality disorder within its scope and allowing the detention of restricted patients who pose a risk of serious harm irrespective of treatability (Crichton, Darjee, McCall-Smith, & Chiswick, 2001). The criteria for discharging restricted patients were also amended, so that section 64(A1) read:…”

Section: Reid's Appeals 1994-2007mentioning

confidence: 99%

Restricted patient appeal against initial mental health disposal

Quinn

Darjee

Crichton

2009

Journal of Forensic Psychiatry & Psychology

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This paper describes the recent decision of the Scottish Court of Criminal Appeal in the case of a restricted patient convicted of homicide by reason of diminished responsibility in 1967. Mr Reid had initially been detained under a hospital order with restrictions under the legal category of mental deficiency. The appellant was contesting this initial mental health disposal as it had since become clear he did not have a learning disability and was subsequently detained by virtue of a personality disorder diagnosis. It was put to the Court of Appeal that the original disposal was not informed by proper expert opinion, as evidenced by the court reports, and that a criminal justice disposal should be substituted. Reid believed he was more likely to be eventually released into the community from an indeterminate prison sentence than from a restricted hospital order. The court rejected the appeal, finding that the court reports presented at the time of disposal may not have reflected the full assessment of the experts who may also have given further explanation of their views in oral evidence.

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“…The Mental Health (Public Safety and Appeals) (Scotland) Act 1999Act (1999 This was the very first Act passed by the Scottish Parliament (September, 1999) and was introduced to close a loophole in the law which led to the release of a patient, Noel Ruddle, from the State Hospital, Scotland and Northern Ireland's high secure facility (Crichton et al, 2001). Ruddle had been made subject to a Restriction Order after being convicted of culpable homicide (on the grounds of diminished responsibility secondary to having a psychotic illness); following assessment he was later diagnosed as having a personality disorder rather than a psychotic illness.…”

Section: Introductionmentioning

confidence: 99%

Evolution and devolution: Scottish legislation relevant to people with intellectual disabilities within mental health and forensic services

Douds

Haut

2015

Journal of Intellectual Disabilities and Offending Behaviour

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Purpose – The purpose of this paper is to describe the evolution of legislation relevant to people with intellectual disabilities (IDs) since the Scottish Parliament came into being in 1999; this will be particularly relevant to practitioners working with people with IDs within mental health and forensic mental health services. Design/methodology/approach – A descriptive review of the relevant legislation, setting this out in the chronological order in which the legislation was enacted. Findings – The paper demonstrates that legislative reform is a dynamic and evolving process, responsive to social, political and legal agendas. Research limitations/implications – The paper is limited to a description of the relevant legislation in only one part of the UK (Scotland). Practical implications – A helpful summary of the relevant legislation is provided which should be of particular value to readers/practitioners from outwith Scotland. Originality/value – The paper provides an up to date account of the legislative reform in Scotland during the period 1999-2015.

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Mental Health (Public Safety and Appeals) (Scotland) Act 1999: detention of untreatable patients with psychopathic disorder

Cited by 8 publications

References 6 publications

Reid v. the United Kingdom: Restricted patients and the European Convention on Human Rights

Reid v. the United Kingdom: Restricted patients and the European Convention on Human Rights

Restricted patient appeal against initial mental health disposal

Evolution and devolution: Scottish legislation relevant to people with intellectual disabilities within mental health and forensic services

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