Part VI of the Criminal Procedure (Scotland) Act 1995 (CPSA)
includes a complex series of options for courts who are dealing
with accused or convicted persons who have a significant mental
illness or learning disability. These include Assessment Orders,
Treatment Orders, Interim Compulsion Orders, Temporary Compulsion
Orders, Compulsion Orders, Compulsion Orders with Restriction
Orders, Guardianship Orders, and Hospital Directions. The law also
provides for Community Payback Orders with a condition of mental
health treatment, orders for remand for inquiry into a mental
condition, and the Transfer for Treatment Direction for prisoners
who become mentally unwell.
These are important provisions, but are used in a relatively
small number of criminal cases. Many professionals, including
lawyers, doctors, and social workers, find it difficult to
understand which option is most appropriate in a particular set of
circumstances, and what evidence is needed for the court to make
the appropriate disposal.
The Commission has produced this
flowchart to help people understand what the various
orders are for, and to find the right option for each
situation. The information is correct as at 2 August
How the flowchart works
The flowchart is a macro-enabled Excel spreadsheet, this means
it contains code which allows it to be an interactive experience.
You may download the file onto your computer, although it may not
work on mobile devices.
When the flowchart opens, click to enable macros. You can make
it a trusted document if you like, this will save you enabling
macros every time you open the file.
The flowchart has three tabs, Main, Disposal in case of
insanity, and Final disposal.
Select an order from the list on the left, and the relevant
parts of the flowchart light up and informative text appears. When
you select an order, the flowchart automatically navigates to the
relevant tab. Once selected, you can browse to the other tabs to
view the full path from arrest to your order.
Greens Annotated CPSA (16th edition, 2017)
contains detailed analysis of these provisions.
If you have any questions or suggestions about our flowchart,
please contact the Mental Welfare Commission at firstname.lastname@example.org or call our advice
line on 0131 313 8777.