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Mental Health (Care and Treatment) (Scotland) Act 2003

Section 317: obstruction

628.Section 317 makes it an offence to behave in a way which obstructs a person authorised to carry out functions under the 2003 Act and in particular to do so in any of the ways listed in subsection (1). The maximum penalty is 3 months’ imprisonment or a fine not exceeding level 3 on the standard scale.

629.A patient who is the subject of any intervention under the 2003 Act cannot be guilty of the offence in relation to that intervention.

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