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Advice line: 0131 313 8777 or
0800 389 6809 

Criminal Procedures Act

If the police believe you have done something wrong you may have to go to court. There may be criminal proceedings. These are the steps the police and courts take to decide if you are guilty or not guilty.

  • The court can ask a doctor to examine you to find out about your mental disorder
  • The doctor gives the court a report
  • The report helps the court decide if you need treatment
  • The court decides what to do about your case

 

  • Assessment Order

    An Assessment Order (Section 52D) would be used if you are waiting for your trial and the court thinks you are ill. They ask a doctor to examine you. The doctor says that you need to go to hospital to be examined.

  • Treatment Order

    A Treatment Order(Section 52M) would be used if you are waiting for your trial and the court thinks you are ill. The court can order you to stay in hospital for treatment. The court can only do this if two doctors examine you and agree and one of the doctors is a psychiatrist.

  • Temporary Compulsion Order

    A Temporary Compulsion Order (Section 53B) is used when the Court decides that your trial cannot start (or must stop) because of your mental disorder. The court orders you to stay in hospital for treatment. The court can only do this if two doctors examine you and agree.

  • Interim Compulsion Order

    An Interim Compulsion Order (Section 53) would be used if you are convicted of an offence and the punishment is prison. The court will ask for more information about your health. Two doctors will examine you and must say you need to go to hospital for examination

  • Compulsion Order

    A Compulsion Order (Section 57) is used when you are convicted of an offence and the punishment is prison. The court can decide not to send you to prison. They can decide that you must stay in hospital for treatment or have treatment in the community.

  • Restriction Order

    A restriction order is made by the court under Section 59 of the Criminal Procedure (Scotland) Act 1995 at the time of disposal and is added to a compulsion order. It is made by the court at the time of sentencing where the court considers that the person presents a serious risk to the public.

  • Hospital Direction

    A Hospital Direction (Section 59) would be used alongside a prison sentence. The court can decide you need treatment for your mental disorder.

  • Transfer for Treatment Direction

    A Transfer for Treatment Direction would be used if you are serving a prison sentence and doctors feel you should be transferred to hospital for treatment

Advice line

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We provide information and advice on rights and welfare in mental health, learning disability and related conditions. Call 0131 313 8777 or 0800 389 6809 for service users and carers.