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Mental Health (Care And Treatment) (Scotland) Act 2003
The Mental Health (Care and Treatment) (Scotland) Act 2003, which came into effect on 5 October 2005, is an Act of the Scottish Parliament that enables medical professionals to legally detain and treat people against their will on the grounds of mental disorders, with the Mental Health Tribunal for Scotland and the Mental Welfare Commission for Scotland providing safeguards against mistreatment. It largely replaces the Mental Health (Scotland) Act 1984. Detention certificates The act provides for short-term detention certificates and emergency detention certificates. Short-term certificates are referred to by the act as the 'preferred gateway' to detention, and should lead to up to 28 days' detention during which period, treatment may be administered against the will of the detainee, but can also lead to compulsory treatment orders, which may have longer term implications for the detainee's future liberty. Detainees can apply to the Mental Health Tribunal for revocation o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malcolm Chisholm
Malcolm George Richardson Chisholm (born 7 March 1949) is a Scottish politician who served as Minister for Health and Community Care from 2001 to 2004 and Minister for Communities from 2004 to 2006. A member of the Scottish Labour Party, he was Member of Parliament (MP) for Edinburgh North and Leith, formerly Edinburgh Leith, from 1992 to 2001 and Member of the Scottish Parliament (MSP) for the equivalent seat and its successor from 1999 to 2016. Career Chisholm was Member of Parliament for Edinburgh Leith from 1992, then Edinburgh North and Leith from 1997. He served as a Parliamentary Under-Secretary of State for Scotland responsible for local government and transport minister for a few months in 1997; but resigned over single parent benefit cuts. He remained an MP until 2001, when he stood down from the House of Commons in order to concentrate on the Scottish Parliament, to which he was elected in 1999 for the same constituency. Chisholm became Minister for Health a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure (Scotland) Act 1995
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Welfare Commission For Scotland
The Mental Welfare Commission for Scotland is a non-departmental public body, responsible for safeguarding the rights and welfare of people in Scotland with a learning disability, mental illness or other mental disorder. The Commission was original established by the Mental Health (Scotland) Act 1960. It enquires into cases of alleged ill treatment or deficiency of care or treatment, with investigations that include visits to alleged victims in hospitals and community settings. The Commission is accountable to the Scottish Government Health and Social Care Directorates for its statutory duties and how its public money is spent. It is required to follow NHS customary accounting rules and to meet NHS financial targets. Legal framework It has statutory duties to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Adults with Incapacity (Scotland) Act 2000. The Scottish E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Tribunal For Scotland
The Mental Health Tribunal for Scotland is a tribunal of the Scottish Government to hear applications for, and appeals against, Compulsory Treatment Order, and appeals against Short Term Detention Certificates made under the Mental Health (Care and Treatment) (Scotland) Act 2003, and other matters in relation to that Act, for example, appeals against Compulsion and Restriction Orders. History The Mental Health Tribunal for Scotland was established on 5 October 2005, under the Mental Health (Care and Treatment) (Scotland) Act 2003. Its headquarters are located in Hamilton, although it has staff who work throughout Scotland. Controversy The Mental Health Tribunal has been criticised regarding its opacity and its authority. In 2009, WikiLeaks published a membership list which had previously been hosted on the Tribunal's website but later removed, along with several observations to this effect. See also * Involuntary commitment * Mental Health Tribunal#United Kingdom * Gartnavel R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Disorder
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitting, or occur as single episodes. Many disorders have been described, with signs and symptoms that vary widely between specific disorders. Such disorders may be diagnosed by a mental health professional, usually a clinical psychologist or psychiatrist. The causes of mental disorders are often unclear. Theories may incorporate findings from a range of fields. Mental disorders are usually defined by a combination of how a person behaves, feels, perceives, or thinks. This may be associated with particular regions or functions of the brain, often in a social context. A mental disorder is one aspect of mental health. Cultural and religious beliefs, as well as social norms, should be taken into account when making a diagnosis. Services are b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of The Scottish Parliament
An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution. Prior to the establishment of the Parliament under the 1998 Act, all post-union laws specific to Scotland were passed at the Westminster Parliament. Although the Westminster Parliament has retained the ability to legislate for Scotland, by convention it does not do so without the consent of the Scottish Parliament. Since the passing of the 1998 Act, the Westminster Parliament has passed five public general acts that apply only to Scotland. A draft Act is known as a Bill. Once it is passed by the Scottish Parliament and receives royal assent, the Bill becomes an Act and is then a part of Scots Law. Classification of legislation Public Bills A Public Bill is a Bill which is introduced by a Membe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Criminal Court (Scotland) Act 2001
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the International criminal law, international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice, an United Nations System, organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights. However, it has faced International Criminal Court#Criticisms & opposition, a number of criticisms from governments and civil society groups, including objections to its jurisdiction, accusations of bias, Eurocentrism and racism, questioning of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation Of Care (Scotland) Act 2001
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in government, typically regulation means stipulations of the delegated legislation which is drafted by subject-matter experts to enforce primary legislation; * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Social Regulation in the social, political, psychological, and economic domains can take many forms: legal restrictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adults With Incapacity (Scotland) Act 2000
The Adults with Incapacity (Scotland) Act 2000 (2000 asp 4) is an Act of the Scottish Parliament. It was passed on 29 March 2000, receiving royal assent on 9 May. It concerns the welfare of adults (the age of legal capacity in Scotland being 16) who are unable to make decisions for themselves because they have a mental disorder or are not able to communicate. It provides the framework for other people (such as carers) to act on the behalf of people with incapacity. The Act was one of the first pieces of legislation passed by the Scottish Parliament upon it being reconvened in 1999. Content Part 2 of the act concerns power of attorney and provides the framework for an individual (whilst they have capacity) to appoint someone to act as their continuing (financial) or welfare attorney. Part 3 of the act concerns the accounts and funds of the adult with incapacity. It enables access to the bank or building society account of the adult with incapacity, in order to pay their costs o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration And Asylum Act 1999
The Immigration and Asylum Act 1999c 33 is an Act of Parliament of the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North .... It followed a 1998 government white paper entitled "Fairer, Faster And Firmer – A Modern Approach To Immigration And Asylum". Its main aim was to create a faster system to deal with a backlog of cases. One of the most notable parts of the new law was to introduce the dispersal policy under section 95 of the Act. This system allowed for the creation of dispersal areas around the United Kingdom, where Asylum applicants would be accommodated while their claims for Asylum were reviewed. References United Kingdom Acts of Parliament 1999 Immigration law in the United Kingdom Right of asylum legislation in the United Kingdom Immigration legislati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health Act 1999
Health, according to the World Health Organization, is "a state of complete physical, Mental health, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organization''– ''Basic Documents'', Forty-fifth edition, Supplement, October 2006. A variety of definitions have been used for different purposes over time. Health can be promoted by encouraging healthful activities, such as regular physical exercise and adequate sleep, and by reducing or avoiding unhealthful activities or situations, such as smoking or excessive Stress (biology), stress. Some factors affecting health are due to Agency (sociology), individual choices, such as whether to engage in a high-risk behavior, while others are due to Social structure, structural causes, such as whether the society is arranged in a way that makes it easier or harder for people to get necessary healthcare services. Still, other factors are be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime And Disorder Act 1998
The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is ''doli incapax'' (the presumption that a person between ten and fourteen years of age is incapable of committing an offence) and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy. The bill had also included changes to change the age of consent for homosexual acts from 18 to 16; however, this was removed by the House of Lords and was eventually passed in the Sexual Offences Act two years later. Main provisions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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