The Mental Health (Public Safety and Appeals) (Scotland) Act 1999 was an

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 success ...

which was passed by the

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

in September 1999 and was designed to close a loophole in the law which led to the release of mentally ill killer, Noel Ruddle, who was released from the state hospital at

Carstairs Carstairs (, Scottish Gaelic: ''Caisteal Tarrais'') is a village in South Lanarkshire, Scotland. Carstairs is located east of the county town of Lanark and the West Coast Main Line runs through the village. The village is served by Carstairs r ...

after arguing its treatment programmes were no longer of benefit to him. This was the first act passed by the

Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...

after its establishment in 1999.

Purpose of Act

The Act had two main purposes: The first was to add a new criterion to the statutory tests applied by a sheriff or the Scottish Ministers when considering whether to order the discharge of a restricted patient. The sheriff and the Scottish Ministers must now refuse to order a discharge (either conditional or absolute) if satisfied that the patient has a mental disorder, the effect of which is that continuing detention in hospital is necessary to protect the public from serious harm. That is so whether or not the patient is to receive medical treatment for the mental disorder. The second is to introduce a right of appeal against a decision, notification or recommendation of a sheriff in relation to an appeal brought by a restricted patient in terms of Part VI of the Mental Health (Scotland) Act 1984. The right of appeal against the sheriff’s decision, notification or recommendation is conferred on both the patient and the Scottish Ministers. The appeal is to the Court of Session. The Act also widens the term '

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 remitti ...

', which appears in earlier legislation, to include a

personality disorder Personality disorders (PD) are a class of mental disorders characterized by enduring maladaptive patterns of behavior, cognition, and inner experience, exhibited across many contexts and deviating from those accepted by the individual's culture ...

History

In December 1991, Noel Ruddle killed his neighbour with a Kalashnikov rifle. On 20 March 1992, Ruddle pled guilty to several charges at

Glasgow High Court The Justiciary Buildings is a judicial complex in the Saltmarket in Glasgow, Scotland. The complex, which operates in conjunction with similar facilities in Edinburgh and Aberdeen, is dedicated for the use of the High Court of Justiciary, whic ...

and was ordered to be detained and sent to Carstairs State Hospital without limit of time. Ruddle obtained his released in August 1999 after making a legal appeal at the

Lanark Sheriff Court Lanark Sheriff Court is a judicial building in Hope Street, Lanark, South Lanarkshire, Scotland. The building, which continues to serve as the local courthouse, is a Category B listed building. History The original venue for the administration ...

on the basis that treatment programmes were no longer of benefit to him. With the risk of other patients at Carstairs making appeals on similar grounds, an emergency bill was quickly brought by the Scottish Executive to the Scottish Parliament. An executive bill was introduced by

Jim Wallace James Robert Wallace, Baron Wallace of Tankerness, (born 25 August 1954) is a Scottish politician serving as a Liberal Democrat life peer in the British House of Lords since 2007 and Moderator of the General Assembly of the Church of Scotland ...

on 31 August and some amendments made. passed on 8 September 1999 then gained Royal Assent on 13 September 1999, becoming the first legislation to be passed by the Parliament. In 2001, the legislation survived a challenge made to the Judicial Committee of the Privy Council. The act was repealed on 5 October 2005 by the

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 o ...

References

External links

Report of the inquiry into the care and treatment of Noel Ruddle
Mental Welfare Commission for Scotland, March 30, 2000 * {{UK legislation Acts of the Scottish Parliament 1999 Mental health legal history of the United Kingdom Health law in Scotland

Purpose of Act

History

See also

References

External links