Section 16. Glossary of Commonly-used Terms in the Act
Advance Statement: a written, witnessed document made when the patient is well, setting out how he or she would prefer to be treated (or not treated) if they were to become ill in the future. The Tribunal and any doctor treating the patient must have regard to the advance statement, they must send the Commission a written record of the ways they have worked outwith these instructions, and the reasons why, if the advance statement is not followed.
Approved Medical Practitioner ( AMP): a medical practitioner who has been approved under section 22 of the Act by a NHS Board or by the State Hospitals Board for Scotland as having special experience in the diagnosis and treatment of mental disorder. An approved medical practitioner will often be a consultant psychiatrist. Only an approved medical practitioner can grant a short-term detention certificate ( STDC); and at least one of the two mental health reports forming part of a CTO application must be provided by an approved medical practitioner.
Authorised person's warrant/a 'section 292 warrant': authorises a person to enter the premises of another person where the person entering the premises has already been given the authority under another provision of this Act to take the person to another place or into custody. This could happen, for example, in a situation where a patient has absconded and a person who has been authorised under section 303 of the Act to take that patient into custody or to return them to hospital requires entry to the premises where the patient has been found.
Assessment Order: a pre-disposal order made by the court under Section 52D of the Criminal Procedure (Scotland) Act 1995 authorising hospital detention for up to 28 days so that the patient's mental condition may be assessed.
Care Plan: a document prepared by the patient's responsible medical officer under Section 76 of the Act after a CTO has been made. It lays out the forms of medical treatment and the other services the patient will be receiving while subject to the CTO. This document should not be confused with the 'proposed care plan', which is prepared under Section 62 of the Act as part of the application for a CTO.
Compulsion Order: a mental health disposal made by the court under Section 57A of the Criminal Procedure (Scotland) Act 1995 authorising compulsory measures (either hospital or community-based) for a period of six months, if not otherwise renewed.
Compulsory Treatment Order ( CTO): an order granted by the Tribunal under Section 64(4) of the Act. It authorises any of the compulsory measures listed at Section 66(1) for a period of six months, if not otherwise renewed. The CTO can be renewed for six months, then for twelve months thereafter.
Designated Medical Practitioner: this is a medical practitioner appointed by the Mental Welfare Commission under Section 233 of the Act. The function of a designated medical practitioner is to provide a second medical opinion with respect to certain medical treatments being given under Part 16 of the Act.
Emergency Detention Certificate ( EDC): a certificate issued under Section 36(1). Subject to strict criteria, it authorises the removal of a person to hospital within 72 hours and the detention of that person in hospital for up to a further 72 hours.
Extension Certificate: a certificate issued under Section 47(1). It extends a period of short-term detention by three days to allow for the preparation of an application for a CTO.
Forensic Criteria: for a Court to make a mentally disordered offender subject to a mental health disposal, it must be satisfied that all of the following criteria are met:
- The person has a mental disorder
- Medical treatment is available which would be likely to prevent that disorder worsening or be likely to alleviate the symptoms or effects of the disorder
- There would be a significant risk to the person or to others if treatment were not provided
- The making of the disposal is necessary.
Hospital Direction: a mental health disposal made by the court under Section 59A of the Criminal Procedure (Scotland) Act 1995 which is made in addition to a sentence of imprisonment. It allows the person to be detained in hospital for treatment of their mental disorder and then transferred to prison to complete their sentence once detention in hospital is no longer required.
Independent Advocate: a person who enables the patient to express their views about the decisions being made about their care and treatment by being a voice for the patient and encouraging them to speak out for themselves. An independent advocate is employed by an advocacy organisation which is not directly managed by the NHS Board or local authority. All people with mental disorder have a right to independent advocacy, not only those subject to compulsory measures.
Interim Compulsion Order: a pre-disposal order made by the court under Section 53 of the Criminal Procedure (Scotland) Act 1995 authorising hospital detention for 12 weeks (but can be renewed regularly for up to one year) so that the court can gather further evidence on whether the forensic criteria apply.
Interim Compulsory Treatment Order ( CTO): an order granted by the Tribunal under Section 65(2). It authorises compulsory measures for a period of up to 28 days at a time.
Mental Health Officer ( MHO): is a social worker who has received special training in the use of the Mental Health Act. The MHO has a number of specific responsibilities under the Act. The comparable role in England and Wales is an Approved Social Worker.
MHO's Report: a report under Section 61 which is prepared by the MHO as part of the application for a CTO. It must detail background information on the person who is the subject of the application.
Mental Health Report: a report required under Section 57(4) and prepared by a medical practitioner. The practitioner must lay out in this report the reasons why a CTO is appropriate.
Named Person: a 'named person' is someone nominated by a person in accordance with the provisions of the Act to support them and protect their interests. The named person is entitled to receive certain information about the person and to act on behalf of the person in certain circumstances and at certain times set out in the Act. Section 250 sets out the meaning of 'named person'.
Nearest Relative: there are occasions in the act where the nearest relative is given information about a person coming under the provisions of the Act such as when a person is removed to a place of safety. Section 254 sets out a list of the people who will be considered in identifying a person's nearest relative.
Nurse's Holding Power: a power that can be exercised by nurses 'of a prescribed class' by way of Section 299 to detain a patient for up to two hours, while awaiting a medical examination. Where necessary the detention may be extended by up to one hour while the examination is carried out.
Place of Safety: Section 300 defines a place of safety as a hospital, premises which are used to provide a care home service or any other suitable place (other than a police station) where the occupier is willing to temporarily receive a person with mental disorder. However, if no place of safety is available, a police officer may remove a person to a police station which should then be treated as a place of safety for the purposes of the person's detention.
Proposed Care Plan: a document drawn up under Section 62 of the Act by the MHO who is making the application for a CTO. It contains details of the medical treatment for mental disorder, the community care services; and any other forms of care and treatment which it is proposed to provide to the patient if the CTO is made. The 'proposed care plan' should not be confused with the "care plan" which is prepared under Section 76 of the Act by the patient's responsible medical officer subsequent to the making of a CTO.
Removal Order: an order granted by a sheriff or a justice of the peace under Section 293(1). It authorises certain persons to enter the premises of an individual at risk in order to remove them to a place of safety.
Responsible Medical Officer ( RMO): the RMO is appointed by the hospital managers when a patient is detained under the Mental Health Act in that hospital. The RMO can be any medical practitioner but will usually be an AMP.
Restricted Patient: a patient who has been made subject to a compulsion order and a restriction order by the court.
Restriction Order: an order made by the court under Section 59 of the Criminal Procedure (Scotland) Act 1995 at the time of disposal and is added to a Compulsion Order. It means that the measures specified in the Compulsion Order will then be without limit of time.
Short-term Detention Certificate ( STDC): this is a certificate issued under Section 44(1). Subject to strict criteria, it authorises the detention of a person in hospital for a period of up to 28 days.
Social Circumstances Report: a report produced under Section 231 of the Act. It must be produced by the patient's MHO within 21 days of any of the following events taking place: the granting of an STDC; the making of an interim CTO; of a CTO; an assessment order; a treatment order; an interim compulsion order; a compulsion order; a hospital direction; or a transfer for treatment direction. However, an MHO does not need to complete an SCR where he is satisfied that an SCR would serve little or no practical purpose.
State Hospital: The State Hospital Carstairs provides care and treatment in conditions of special security for around 240 patients from Scotland and Northern Ireland with mental disorder who, because of their dangerous, violent or criminal propensities, cannot be cared for in any other setting.
Transfer for Treatment Direction: an order that is made by the Scottish Ministers under Section 136 of the new Act which allows the transfer of a prisoner to hospital for treatment of a mental disorder.
Treatment Order: a pre-disposal order made by the court under Section 52M of the Criminal Procedure (Scotland) Act 1995 authorising hospital detention for treatment of a person's mental disorder. The order ceases at the end of the period for which the person is on remand or is committed.