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Temporary Compulsion Order

When would this be used?

The court decides that your trial cannot start, or must stop, because of your mental illness or related condition. The court orders you to stay in hospital for treatment.

The court can only do this if two doctors examine you and agree.

How long can a Temporary Compulsion Order last for?

There is no fixed time for this order. It lasts until the court decides what to do about your case.

What happens next?

Once the order is made you have to stay in hospital. The court continues to "examine the facts". This means they try to find out if you did the thing you have been charged with. There are rules about when this process must start. This depends on the seriousness of the offence you have been charged with.

Agree to treatment?

You can be treated under Part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003. There is further information on our page on safeguarding treatments under mental health law. There is also information in a Scottish Government leaflet 'A guide for people involved in criminal justice proceedings'.

Can I appeal against this order?

Appeal means you ask the court to change its decision. You cannot appeal against this order.  

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