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

317 Obstruction

(1) A person who—

(a) refuses to allow a person authorised by virtue of this Act access to any premises;

(b) refuses to allow access to a mentally disordered person by a person authorised by virtue of this Act to have such access;

(c) refuses to allow the interview or examination of a mentally disordered person by a person authorised by virtue of this Act to interview or examine such person;

(d) persists in being present when requested to withdraw by a person authorised by virtue of this Act to interview or examine, in private, a mentally disordered person;

(e) refuses to produce any document or record to a person authorised by virtue of this Act to require the production of such document or record; or

(f) otherwise obstructs a person in the exercise of any functions conferred on such person by virtue of this Act,

shall be guilty of an offence.

(2) A mentally disordered person shall not be guilty of an offence under subsection (1) above if the person mentioned in that subsection—

(a) who is authorised by virtue of this Act, is so authorised; or

(b) who is exercising functions conferred on that person by virtue of this Act, is exercising those functions,

in relation to that mentally disordered person.

(3) In any proceedings against a person for an offence under subsection (1) above it shall be a defence for the accused to show that the accused had a reasonable excuse for doing that with which the accused is charged.

(4) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 3 on the standard scale or to both.