Court referrals and detentions

NHS Forth Valley Court Liaison Service operates in the 3 Sheriff Courts in Forth Valley (Alloa, Falkirk and Stirling).

Initial assessments are made by Forensic Community Psychiatric Nurses (CPNs) following referral by the Crown Office Procurator Fiscal Service with medical staff being called to attend where admission may be indicated.

Patients facing charges may only be detained to hospital if the court makes an Assessment Order or Treatment Order (Section 52D/M of the Criminal Procedure (Scotland) Act (1995), rather than civil legislation.

Where the Procurator Fiscal decide not to pursue the case and charges are dropped, the patient may still be detained under an EDC or STDC under The Act, if the criteria are met.

• The person has a mental disorder (the category of mental disorder need not be specified).
• Detention in hospital is necessary to determine if the person meets the criteria for a treatment order.
• If not assessed in hospital there would be a significant risk to the health, safety or welfare of the person or a significant risk to the safety of any other person.
• An Assessment Order can only be recommended to the court if it can be guaranteed that a suitable hospital bed will be available within 7 days.

• Referral to the court liaison service will be made by the procurator fiscal.
• Recommendation for an assessment order is decided by a doctor following referral by the procurator fiscal.
• Recommendation for an assessment order is made using statutory forms produced by the Scottish Government.
• Admissions under the Criminal Procedures Act should initially be discussed with the Duty Doctor (Page 2005) on duty in the Acute MHU to ensure that Ward 1 has a bed and suitable arrangements are made.
• The Assessment Order may be enacted in another location than Ward 1, but this would be a rare occurrence.
• Patients on Assessment or Treatment Orders cannot be transferred to open ward settings, in accordance with the Memorandum of Procedure on Restricted Patients.
• Best practice is to transfer to an Intensive Psychiatric Care Unit (IPCU) bed in the first instance unless the nature of the alleged offence, or other aspects of the individual, indicate that medium or high secure care need to be considered.

The Sheriff may detain acquitted persons for up to 6 hours under s60C Criminal Procedures (Scotland) Act 1995.

Criteria for 6 hour detention: 

• Where there is evidence from two medical practitioners that the person has a mental disorder.
• There is medical treatment available to prevent or alleviate symptoms.
• There is a significant risk to the health safety or welfare of the person or to the safety of others.

Place of detention:

• The person will be detained in a place of safety.
• In the first instance this will be at the Sheriff Court, although the person may be taken to hospital for examination.
• The hospital should be where the patient would normally be admitted (e.g. FVRH for Forth Valley residents).
• The hospital will arrange medical examination, including transport and escort.