Special

Drilldown: Resources

See also: General information. A summary of the coronavirus resources can be found here: Coronavirus resources.

The relevant pages (and summaries) are displayed at the bottom of this page.

Resources > Author : Edge Training or HM Prison and Probation Service or Law Society or Scottish Government

Use the filters below to narrow your results.

Author: (Click arrow to add another value)
Publisher:
Date closed:

Showing below up to 14 results in range #1 to #14.

View (previous 250 | next 250) (20 | 50 | 100 | 250 | 500)

Resource Type Sentence Abstract Date
Consultation in relation to section 268 appeals against conditions of excessive security Consultation

"A consultation seeking views on the way forward in respect of appeals against excessive security for mental health patients following the Supreme Court decision of M v Scottish Ministers."

Consultation page

2013-08-02
Consultation on Certification of Incapacity for Medical Treatment under Part 5 Section 47 Adults with Incapacity (Scotland) Act 2000 Consultation

'This consultation seeks views on four issues on Adults with Incapacity (Scotland) Act 2000 Part 5 in relation to medical treatment. The issues are: widening the range of institutions which can offer training, whether dentists should be required to undertake training for this purpose; whether multiple section 47 medical treatment certificates should be required in some circumstances; and whether other medical practitioners not specified should be enabled to certify incapacity for medical treatment'

Consultation page

2011-07-18
Consultation on proposals for a Mental Health (Scotland) Bill (2013) Consultation

From Scottish Government website: "This consultation paper seeks views on proposals for a draft Mental Health Bill. This draft Bill brings forward changes to improve the operation of the 2003 Act - notably in relation to named persons, advance statements, medical matters and suspension of detention. In addition the draft Bill makes provision for a Victim Notification Scheme for victims of Mentally Disordered Offenders."

Consultation page

Scottish Government, 'A Consultation on draft proposals for a Mental Health (Scotland) Bill' (December 2013)

2013-12-23
Consultation on Scottish tribunal rule 58 Consultation

The Scottish Government, 'Scottish Government Consultation: Amendment to Rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005: Rule 58: Power to Decide Case Without a Hearing' (March 2011)

The Scottish Government is consulting on plans to increase the availability of rule 58 which allows the Tribunal, if all parties agree in writing, to dispose of a case without an oral hearing. The three proposed options, all dispensing with the need for agreement and presumably with the intention of cutting costs, are: (1) any party wanting a hearing must show cause why a hearing is necessary, or (2) as option 1 except the patient has the automatic right to hearing if requested, or (3) as option 1 except the hearing will take place unless the patient positively elects not to have one. It is envisaged that the rule would be used 'where there is no real dispute between the parties'.

Consultation responses. On this page, published 15/6/11, can be found all the responses to this consultation

2011-03-21
Disclosure of Information to Victims of Mentally Disordered Offenders Consultation

"Consultation on the possible introduction of a scheme for victims of mentally disordered offenders similar to the current criminal justice Victim Notification Scheme"

Consultation page

2010-08-30
Edge Training, 'Liberty Protection Safeguards: Jargon Buster' (18/6/19) Document

LPS glossary

Edge's summary of this document is as follows: "The Edge LPS Jargon Buster provides a detailed explanation of terms used in LPS such as ‘condition’ (used in a number of different ways), reviews, determinations and the relevant person (did you know the same term can relate to three different roles?)"

2019-06-18
HM Prison and Probation Service, 'Mental Health Casework Section: Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019) Document

Conditional discharge/DOL guidance

The aim of this this operational policy is to ensure that, where appropriate, restricted patients can continue their rehabilitation in a community-based setting following the Supreme Court's decision in SSJ v MM [2018] UKSC 60. For patients who lack capacity to consent to deprivation of liberty and the risk is to themselves, the solution is to allow conditional discharge with deprivation of liberty authorised under the Mental Capacity Act 2005. For patients who lack capacity and the risk is to others, and also for patients who have capacity, the solution, if further treatment and rehabilitation could be given in a community setting, is to consider long-term s17 escorted leave (use of the inherent jurisdiction is not considered to be the correct approach). The leave of absence would be for an initial period of up to 12 months. For patients already on conditional discharge, the following options will be considered: (a) variation of conditions; (b) recall, with or without instantaneous grant of escorted leave to the current placement; (c) absolute discharge; (d) referral to tribunal. The policy mentions reassessing patients who present risks to themselves in order to see if they lack capacity after all, which may an MCA authorisation possible.

2019-01-08
HMPPS, 'Leave Application for Restricted Patients' (3/5/19) Form

Leave application form

This updated form is for all leave except medical leave for high profile cases (for which there is a separate form).

2019-05-03
HMPPS, 'Medical Leave application for high profile restricted patients' (3/5/19) Form

Medical leave application form

This updated form is required when applying for permission to grant medical leave to a high profile patient.

2019-05-03
HMPPS, 'Mental Health Casework Section and NHS England - joint performance management framework and target timescales 2019/20' (1/8/19) Document

MHCS targets

This document presents target timescales for the Mental Health Casework Section to consider key decisions for restricted patients. The targets, measured in calendar days from receipt of application to decision issued, are: (1) prison transfer, 5 days; (2) remission to prison, 7 days; (3) hospital transfer - trial leave from high to medium secure, 28 days; (4) hospital transfer - downgrade in security, excluding high to medium, 28 days; (5) hospital transfer, level, 14 days; (6) hospital transfer, upgrade, 7 days; (7) community leave, escorted day, 28 days; (8) community leave, unescorted day, 35 days; (9) community leave, overnight, 35 days; (10) community leave, long-term escorted leave, 35 days; (11) conditional discharge, 28 days; (12) absolute discharge, 28 days; (13) recall, same day. Compassionate and medical leave have not been included in this set of targets; where cases are urgent, they remain at 24 hours.

2019-08-01
Law Society, 'Coronavirus (COVID-19) advice and updates' (19/3/20) Web page Coronavirus resource

Law Society coronavirus guidance

This guidance contains information under the headings: (1) Advice for employers; (2) Advice for firm owners, managing partners or senior leaders; (3) Advice for members visiting police stations, prisons or courts; (4) Advice for international firms; (5) Advice for conveyancers; (6) Advice for litigators; (7) Advice for legal aid firms.

2020-03-19
Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 5/12/18) Web page

This document contains updated guidance on the professional development requirements for panel membership. Dated: December 2018. Metadata: created 5/12/18. Downloaded 7/12/18. Filename: mental-health-accreditation-guidance-december-2018.pdf

2018-12-05
Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18) Document

Parliamentary briefing on Mental Capacity (Amendment) Bill

Extract from Law Society website: "The Law Society is concerned by provisions in the Mental Capacity (Amendment) Bill. While attempting to simplify the current arrangements under the Deprivation of Liberty Safeguards (DoLS), the Bill removes vital existing safeguards for cared-for people. The Bill should be amended to avoid the unlawful treatment of the vulnerable individuals who receive care and treatment under conditions of detention. Many changes have been made but there is still some way to go. There is a real risk that many of the flaws in the existing system will be duplicated and that the new system will replace one deficient system with another than removes existing safeguards for people. This briefing sets out our key positions on the Bill."

2018-12-18
Scottish Government, 'Mental Health Law in Scotland: A Guide to Named Persons' (15/1/19) Document

Scottish guidance

"A named person is someone who can look after your interests if you are cared for or treated under mental health legislation. This guide provides information to help you understand your rights."

2019-01-15

View (previous 250 | next 250) (20 | 50 | 100 | 250 | 500)