PART 1THE 2003 ACT

Review of deaths of patients in hospital for treatment

37Review of deaths of patients in hospital for treatment

1

The Scottish Ministers must carry out a review of the arrangements for investigating the deaths of patients who, at the time of death, were—

a

detained in hospital by virtue of—

i

the Mental Health (Care and Treatment) (Scotland) Act 2003, or

ii

the Criminal Procedure (Scotland) Act 1995, or

b

admitted voluntarily to hospital for the purpose of receiving treatment for a mental disorder.

2

The review must be carried out within 3 years of this section coming into force.

3

In carrying out the review under subsection (1), the Scottish Ministers must consult—

a

where practicable, the nearest relatives of patients within the meaning of subsection (1), and

b

such other persons as they consider appropriate.

4

The Scottish Ministers must—

a

publish a report setting out the findings of the review under subsection (1),

b

lay a copy of the report before the Parliament, and

c

notify the persons consulted under subsection (3) of the publication of the report.