Scottish Government

Jacqueline M Atkinson, Jacquie Reilly. Helen C Garner, Public Health and Health Policy University of Glasgow
Lesley Patterson, School of Epidemiology and Health Sciences, University of Manchester
ISBN 0 7559 2606 4

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CONTENTS

EXECUTIVE SUMMARY:
CHAPTER ONE: BACKGROUND TO THE REVIEW
CHAPTER TWO: REVIEW METHODOLOGY
INTRODUCTION
AIMS
SEARCH STRATEGY
CRITERIA FOR INCLUSION AND EXCLUSION
RANGE OF LITERATURE
SUMMARY
CHAPTER THREE: TRENDS IN THE USE OF THE MENTAL HEALTH (SCOTLAND) ACT 1984
INTRODUCTION
TRENDS IN THE USE OF CIVIL DETENTION
DETENTIONS UNDER CRIMINAL PROCEDURE
GUARDIANSHIP
SUMMARY
CHAPTER FOUR: MENTAL HEALTH TRIBUNALS
INTRODUCTION
STATISTICS ON MENTAL HEALTH REVIEW TRIBUNALS
RECENT LITERTURE ON MENTAL HEALTH REVIEW TRIBUNALS
TRIBUNAL MEMBERS
SUMMARY
CHAPTER FIVE: IMPAIRMENT AND CAPACITY
INTRODUCTION
COMPARISON OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT AND THE MENTAL HEALTH (CARE AND TREATMENT) ACT 2003
ASSESSING CAPACITY
PREVALENCE OF INCAPACITY AND MENTAL HEALTH LEGISLATION
CAPACITY AND APPEALS
IMPROVING CAPACITY
SUMMARY
CHAPTER SIX: COMPULSORY TREATMENT IN THE COMMUNITY
INTRODUCTION
METHODOLOGICAL AND ETHICAL ISSUES IN RESEARCH ON COMPULSORY COMMUNITY ORDERS
COMPULSORY COMMUNITY TREATMENT IN BRITAIN
COMPULSORY COMMUNITY TREATMENT: INTERNATIONAL PERSPECTIVE
SUMMARY
CHAPTER SEVEN: MENTALLY DISORDERED OFFENDERS
INTODUCTION
PRE-SENTENCE ORDERS
PROFESSIONAL ATTITUDES TO THE 'PLACE OF SAFETY'
DIVERSION SCHEMES
POST CONVICTION ORDERS
DISPOSALS ON CONVICTION AND ACQUITTAL
SUMMARY
CHAPTER EIGHT: ADVOCACY
INTRODUCTION
BACKGROUND TO THE NEW PROVISIONS
RESEARCH ON COLLECTIVE ADVOCACY
ADVOCACY IN THE STATE HOSPITAL, CARSTAIRS, SCOTLAND
SUMMARY
CHAPTER NINE: ADVANCE DIRECTIVES AND
INTRODUCTION
LEGAL POSITION
OUTCOMES OF ADVANCE DIRECTIVES
MAKING AN ADVANCE STATEMENT IN SCOTLAND
SUMMARY
CHAPTER TEN: LEAST RESTRICTIVE ALTERNATIVE
INTRODUCTION
APPROACHES TO LEAST RESTRICTIVE ALTERNATIVE
SUMMMARY
CHAPTER ELEVEN: MINORITY GROUPS
INTRODUCTION
CHILDREN AND ADOLESCENTS
WOMEN
MINORITY ETHNIC GROUPS
OLDER PEOPLE
PEOPLE WITH LEARNING DISABILITIES
DEAF PEOPLE
PEOPLE WITH ANOREXIA NERVOSA
SUMMARY
CHAPTER TWELVE: IMPLICATIONS OF THE ACT FOR THE WORKFORCE
INTRODUCTION
IMPACT ON PSYCHIATRISTS
IMPACT ON MENTAL HEALTH OFFICERS
FUTURE PLANS
SUMMARY
CHAPTER THIRTEEN: RESEARCH AND THE MENTAL HEALTH HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003
INTRODUCTION
THE RESEARCH PROGRAMME
IMPAIRMENT CONSENT AND RESEARCH
RESEARCH GUIDELINES
SUMMARY
GLOSSARY OF ABBREVIATIONS
REFERENCES

LIST OF TABLES

Table 3.1: Detention under the MHSA 1984: 1985-2004
Table 3.2: Detention under section 18 of the MHSA 1984: 2001-2003
Table 3.3: Long-term detentions under the MHSA 1984 by age and gender: 2003-2004
Table 3.4: Emergency detentions under the MHSA 1984 by age and gender: 2003-2004
Table 3.5: Short-term detentions under the MHSA 1984 by age and gender: 2003-2004
Table 3.6: Emergency and short-term detentions under the MHSA 1984: 2001-2004 20
Table 3.7: Explanations for non-consent for sections 24 and 25 detentions: 2000-2001
Table 3.8: Consents and non-consents to detention: 2001-2003
Table 3.9: Social circumstance reports required and received by the Mental Welfare Commission: 2002-2004
Table 3.10: Detention under the CPSA 1995 and MHSA 1984: 2001-2004
Table 3.11: Detention under the CPSA 1995 and MHSA 1984 by age and gender: 2001-2004
Table 3.12: Applications for Guardianship: 2002-2004
Table 3.13: Duration of Guardianships approved: 2002-2004
Table 3.14: Causes of incapacity in Guardianship applications: 2002-2004
Table 3.15: Rates of Guardianship per 100,000 of the population in Scotland by Local Authority: 2001-2004
Table 11.1: Episodes of detention of young people (under 18 years old) by inpatient facility in Scotland: 2002-2004
Table 13.1: Monitoring, assessment and research issues arising from the Scottish Executive Research Consultation

ACKNOWLEDGEMENTS

We would like to acknowledge the help we have received with the production of this literature review, in particular the Mental Health Research Team, Analytical Services Division, Scottish Executive; the Mental Health Legislation Team, Mental Health Division, Scottish Executive; Miss Mary Ingram, Information Officer, Manchester University; Susan Ashworth, Faculty Support Team Leader, Glasgow University; Nicola Facey, Medical Student, Glasgow University; and the Douglas Inch Centre.

The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.