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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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Text created by the Scottish Government 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.


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