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What is the mental health order in Scotland?

It came into effect in October 2005. It sets out how you can be treated if you have a mental illness, a learning disability or a personality disorder, and what your rights are. This guide is one of a series about the new Act, and it explains how you can be given treatment under the Act, and what it means for you.

What is Section 44 of the Mental Health Scotland Act?

82. Section 44 sets out the procedure for granting a short-term detention certificate. The detention is initiated by an approved medical practitioner who has examined the patient, determined that the criteria for short-term detention are met and obtained the consent of a mental health officer.

What is Section 57 of the mental health Act in Scotland?

57Mental health officers duty to apply for compulsory treatment order. (1)Where subsections (2) to (5) below apply in relation to a patient, a mental health officer shall apply to the Tribunal under section 63 of this Act for a compulsory treatment order in respect of that patient.

What is Section 112 of the mental health Act in Scotland?

112Failure to attend for medical treatment (b)the patient fails to comply with the attendance requirement, the patients responsible medical officer may exercise the power conferred by subsection (3) below. (b)the mental health officer consents to the power being exercised. (b)to any hospital.

What is the emergency detention under the Mental Health Act in Scotland?

You can be detained by any doctor for up to 72 hours to protect you or other people. This is called an Emergency Detention Certificate. You can be detained by a psychiatrist and specialist social worker (Mental Health Officer) for up to 28 days to protect you or other people. This is called a Short Term Detention Order.

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What are the criteria for EDC?

Criteria for an EDC: The person is likely to be suffering from a mental disorder. There is a docHub risk to the persons health, safety and/or welfare. The person presents a docHub risk to others. The persons decision making ability is docHubly impaired as a result of the mental disorder.

What are the criteria for emergency detention in Scotland?

Criteria for an EDC: The person is likely to be suffering from a mental disorder. There is a docHub risk to the persons health, safety and/or welfare. The person presents a docHub risk to others.

What is short term detention?

A short-term detention certificate (STDC) is the preferred gateway order when a person needs compulsory care and treatment in hospital against their will (1). In the current Mental Health Act a STDC can last for up to 28 days. In the previous Mental Health Act (1984) the maximum time for a STDC was also 28 days.

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