Ministers consult ahead of commencing new mental health offender law

Scottish ministers have opened a second consultation on the mechanics of bringing into force new legislation of the treatment of mentally disordered offenders.

The Mental Health (Scotland) Act 2015 makes changes to the operation of the Mental Health (Care and Treatment) (Scotland) Act 2003 and to the Criminal Procedure (Scotland) Act 1995 in this area. It also creates a new victim information and representation scheme for victims of some mentally disordered offenders.

Provisions extending the right to appeal against being held under excessive security to patients in medium secure units, and requiring ministers to review the arrangements for investigating the deaths of patients being treated in hospital for mental disorder, are already in force. It is expected that most of the rest of parts 1 and 2 of the Act will come into force on a single date in spring 2017.

The new consultation covers several topics, including regulations relating to cross-border transfers and absconding patients, along with transitional and savings provisions which will set out when individual sections of the 2015 Act (including suspension of detention) come into force and how they relate to existing provisions in the 2003 Act. In some cases it would not be practical to move straight from one system to another on the day that the relevant part of the 2015 Act comes into force.

Questions include the likely impact on equalities, children's rights, business and service providers, and privacy. This will inform impact assessments for the implementation of the 2015 Act.

Respondents are welcome to answer only those questions or chapters in which they are interested.

Click here to access the consultation. The closing date for submissions is 17 October 2016.