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Restriction Order

When would this be used?

The court can add a restriction order to a compulsion order. This is only done if the court thinks a person is a serious risk to the public. It will order detention in hospital with the powers of a compulsion order. In addition, Scottish Ministers need to give approval to:

  • any move to a different hospital
  • any periods you spend out of hospital

How long can this order last for?

There is no time limit to the order. Your psychiatrist will review the order annually and submit a report to Scottish Ministers. Ministers must refer your case to the Mental Health Tribunal if:

  • your psychiatrist thinks the order should be changed, or that you should be discharged, or
  • the Tribunal has not examined your case in the last two years, or
  • the Commission tells them to refer your case.

If the Tribunal thinks it is safe to do so, it may order you to be 'conditionally discharged' from hospital. This will mean that you can leave hosiptal but must comply with anything that Scottish Ministers order. For example, there may be restrictions on where you can go and you might be told not to use drugs or alcohol.

Only the Tribunal can decide to lift the restriction order. If they do so, you may still be on a compulsion order.

Can I appeal against this order?

You can appeal to the court against the restriction order being made. Appeal means to ask the court to change its decision. You and your named person can ask the Mental Health Tribunal to change or stop the order.

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