Committee Updates May 2015
Mental Health (Scotland) Bill
The mental health committee prepared amendments to submit to the Scottish Parliament’s Health and Sport committee. The committee is seeking to delete section 1 of the bill which proposes to extend the short term detention period from 5 to 10 working days. It is the committee’s view that this extension would afford less protections to a patient under articles 5 and 6 ECHR. Presently, a patient who is subject to a Compulsory Treatment Order can have measures authorising detention under those orders suspended. The committee is looking to delete part of section 9 which gives mental health tribunals the authority to extend this period of suspension by a further 100 days in any 12 month period. This was not consulted on and the committee does not believe there is any need to change the current law. It is the committee’s view that the Bill would result in further tribunals for the patient and the overall volume of hearings for the Tribunal.
All the amendments will be available shortly on our website.