Search Legislation

Mental Health (Scotland) Act 2015

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

56Right to make representations

This section has no associated Explanatory Notes

(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2)After section 17A there is inserted—

17BMentally-disordered offender: victim’s right to make representations

(1)A person (“V”) who is to be given information about another person (“O”) under section 16 or 16A, must be afforded an opportunity to make representations—

(a)in a case where O is subject to a hospital direction or a transfer for treatment direction, before a decision of a type described in subsection (4) is taken in relation to O,

(b)in a case where O is subject to a compulsion order and a restriction order, before a decision of a type described in subsection (5) is taken in relation to O.

(2)Representations under this section must be about how the decision in question might affect V or members of V’s family.

(3)Subsection (1) does not apply unless V has intimated to the Scottish Ministers a wish to be afforded an opportunity to make representations about O under this section.

(4)For the purpose of subsection (1)(a), the type of decision is a decision by O’s responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O’s detention and does not impose a supervision requirement.

(5)For the purpose of subsection (1)(b), the types of decision are a decision—

(a)by O’s responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O’s detention and does not impose a supervision requirement,

(b)by the Mental Health Tribunal under section 193 of the Mental Health Act (including a decision under that section as applied by section 201(3) or 204(3) of that Act),

(c)by the Scottish Ministers under section 200 of the Mental Health Act about imposing, altering or removing a condition which is (or would be) relevant to V as described in section 18A(3).

(6)The Scottish Ministers need not afford V an opportunity to make representations before taking a decision of the type described in subsection (5)(c) if it is not reasonably practicable to afford V that opportunity.

17CMaking representations under section 17B

(1)Representations under section 17B—

(a)may be made orally in relation to a decision of a type described in section 17B(5)(b),

(b)otherwise, must be made in writing.

(2)The Scottish Ministers are to issue guidance as to how—

(a)written representations under section 17B should be framed, and

(b)oral representations under that section should be made.

17DRight to information after section 17B decision

(1)Subsection (2) applies where—

(a)before a decision was taken, a person (“V”) was afforded an opportunity to make representations under section 17B,

(b)the decision has since been taken,

(c)the Scottish Ministers are not required under section 16A to give any information to V as a result of the decision, and

(d)V has intimated to the Scottish Ministers a wish to receive information under this section.

(2)The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, inform V that the decision has been taken.

(3)Subsection (4) applies where—

(a)in accordance with subsection (2), the Scottish Ministers have informed V that the Tribunal has decided to make an order revoking a compulsion order or restriction order, and

(b)by virtue of section 196 of the Mental Health Act, the Tribunal’s order does not have effect because the Court of Session has made an order under section 323(1) of that Act.

(4)The Scottish Ministers must—

(a)inform V that the Court of Session has made an order under section 323(1) of the Mental Health Act, and

(b)give V the information that they would have had to give V by virtue of section 16C(4) had the Court not made that order..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources