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Compulsion orders

7 August 2013

We recently published a review of revocations of compulsion orders.

Read the review

An issue has come up about granting compulsion orders. The modified Criminal Procedure (Scotland) Act 1995 requires the Court to specify the measures granted in the order. We have found compulsion orders where the Court did not specify the giving of medical treatment. Without this specific statement on the order, it is unclear that there is any authority to give treatment. It would be for a higher court to determine whether or not treatment would be unlawful in this situation, but we remind Courts to include this requirement. If it is not included, hospital managers should inform the Court and ask for the order to be amended.

Note that this does not apply to interim compulsion orders where the Act does not require the Court to specify the measures. The giving of medical treatment is already specified in the measures imposed by the Act