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Treatment Order

When would this be used?

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. One of the doctors must be a psychiatrist.

How long can a Treatment Order last?

The treatment order lasts until the court make a decision to convict or acquit you. There are rules about when your trial must start. This depends on the seriousness of the offence you have been charged with.

What if I don't agree to treatment?

You could 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 this order?

Appeal means you ask the court to change its decision. You cannot appeal against this order. Your doctor tells the court if the order should be changed or stopped. 

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