Mental Health (Public Safety and Appeals) (Scotland) Act 1999
{{Use dmy dates|date=November 2019}}
{{Infobox UK legislation
|short_title = Mental Health (Public Safety and Appeals) (Scotland) Act 1999
|type = Scottish Act
|parliament = Scottish Parliament
|long_title = An Act of the Scottish Parliament to add public safety to the grounds for not discharging certain patients detained under the Mental Health (Scotland) Act 1984; to provide for appeal against the decision of the sheriff on applications by these patients for their discharge; and to amend the definition of “mental disorder” in that Act.
|year = 1999
|citation = 1999 asp 1
|introduced_by = Jim Wallace{{cite web|title=Mental Health (Public Safety and Appeals) (Scotland) Bill [AS INTRODUCED]|url=http://www.parliament.scot/S1_Bills/Mental%20Health%20(Public%20Safety%20and%20Appeals)%20(Scotland)%20Bill/b1s1.pdf|website=parliament.scot|publisher=The Scottish Parliament|accessdate=14 October 2016|page=6}}
|territorial_extent =
|si_made_date =
|si_laid_date =
|royal_assent = 13 September 1999{{cite web|title=Session 1 Bills|url=http://www.parliament.scot/parliamentarybusiness/Bills/12424.aspx#1|website=parliament.scot|publisher=The Scottish Parliament|accessdate=14 October 2016}}
|commencement =
|repeal_date = 5 October 2005{{cite web|title=Mental Health (Public Safety and Appeals) (Scotland) Act 1999 (repealed)|url=http://www.legislation.gov.uk/asp/1999/1|website=Legislation.gov.uk|publisher=The National Archives|accessdate=14 October 2016}}
|replaces =
|primary_legislation =
|eu_directives =
|amends = Mental Health (Scotland) Act 1984
|amendments =
|related_legislation =
|repealing_legislation= Mental Health (Care and Treatment) (Scotland) Act 2003
|status = Repealed
|original_text = http://www.legislation.gov.uk/asp/1999/1/enacted
|legislation_history = http://www.parliament.scot/parliamentarybusiness/Bills/12424.aspx#1
|use_new_UK-LEG =
|UK-LEG_title =
|revised_text = http://www.legislation.gov.uk/asp/1999/1
|theyworkforyou =
|millbankhansard =
}}
The Mental Health (Public Safety and Appeals) (Scotland) Act 1999 was an Act of the Scottish Parliament which was passed by the Parliament in September 1999 and was designed to close a loophole in the law which led to the release of mentally ill killer, Noel Ruddle, who was released from the state hospital at Carstairs after arguing its treatment programmes were no longer of benefit to him. This was the first act passed by the Scottish Parliament after its establishment in 1999.
Purpose of the act
The act had two main purposes:
The first was to add a new criterion to the statutory tests applied by a sheriff or the Scottish Ministers when considering whether to order the discharge of a restricted patient. The sheriff and the Scottish Ministers must now refuse to order a discharge (either conditional or absolute) if satisfied that the patient has a mental disorder, the effect of which is that continuing detention in hospital is necessary to protect the public from serious harm. That is so whether or not the patient is to receive medical treatment for the mental disorder.
The second is to introduce a right of appeal against a decision, notification or recommendation of a sheriff in relation to an appeal brought by a restricted patient in terms of Part VI of the Mental Health (Scotland) Act 1984. The right of appeal against the sheriff’s decision, notification or recommendation is conferred on both the patient and the Scottish Ministers. The appeal is to the Court of Session.
The act also widens the term 'mental disorder', which appears in earlier legislation, to include a personality disorder.
History
In December 1991, Noel Ruddle killed his neighbour with a Kalashnikov rifle.{{cite news |url=http://news.bbc.co.uk/1/hi/uk/410192.stm |title=Anger at killer's loophole release |work=BBC News |date=2 August 1999}} On 20 March 1992, Ruddle pled guilty to several charges at Glasgow High Court and was ordered to be detained and sent to Carstairs State Hospital without limit of time.{{cite news |url=http://www.journalonline.co.uk/Magazine/44-10/1001722.aspx |title=The Ruddle case: the lawyer's view |work=The Journal |publisher=Law Society of Scotland |date=1 October 1999 |accessdate=20 August 2016}} Ruddle obtained his released in August 1999 after making a legal appeal at the Lanark Sheriff Court on the basis that treatment programmes were no longer of benefit to him. The law at that time said that people who were considered untreatable could not be held, so he was released.{{Cite web |date=2005-04-13 |title=Kalashnikov killer back in prison Released psychopath threatened to kill his mother |url=https://www.heraldscotland.com/news/12493404.kalashnikov-killer-back-in-prison-released-psychopath-threatened-to-kill-his-mother/ |access-date=2024-01-07 |website=The Herald |language=en}}
With the risk of other patients at Carstairs making appeals on similar grounds, an emergency bill was quickly brought by the Scottish Executive to the Scottish Parliament.{{cite news |url=http://news.bbc.co.uk/1/hi/scotland/436518.stm |title=Ministers accused as bill wins backing |work= BBC News |date= 2 September 1999}}{{cite news |url=http://www.heraldscotland.com/news/12265147.Second_Carstairs_inmate_apos_s_freedom_bid_Child_killer_case_puts_loophole_Bill_to_test/ |title=Second Carstairs inmate's freedom bid Child killer case puts loophole Bill to test |work=The Herald |location=Glasgow |date=6 September 1999 |accessdate=20 August 2016}} An executive bill was introduced by Jim Wallace on 31 August and some amendments made.{{cite news |url=http://news.bbc.co.uk/1/hi/scotland/436022.stm |title=Ruddle Bill faces amendments |work=BBC News |date=2 September 1999}} passed on 8 September 1999 then gained Royal Assent on 13 September 1999,{{cite web |url=http://www.parliament.scot/S1_Bills/Summaries_of_Bills_Passed_by_the_Scottish_Parliament_in_the_First_Session_Introduction.pdf |title=Summaries of Bills Passed by the Scottish Parliament |publisher=Scottish Parliament |accessdate=20 August 2016}} becoming the first legislation to be passed by the Parliament.
In 2001, the legislation survived a challenge made to the Judicial Committee of the Privy Council.{{cite journal |url=http://www.northumbriajournals.co.uk/index.php/IJMHMCL/article/view/356 |title=Scottish 'public safety' test for discharge of restricted patients held ECHR compatible |first=Hilary |last=Patrick |journal=Journal of Mental Health Law |doi=10.19164/ijmhcl.v0i6.356 |number=6 |date=February 2002 |pages=43–49|doi-access=free }}
The act was repealed on 5 October 2005 by the Mental Health (Care and Treatment) (Scotland) Act 2003.{{cite web |url=http://origin-www.legislation.gov.uk/asp/1999/1 |title=Mental Health (Public Safety and Appeals) (Scotland) Act 1999 (repealed) |publisher=www.legislation.gov.uk |accessdate=20 August 2016}}
After being released, Ruddle struggled with substance abuse and was later convicted of threatening to kill a Catholic priest on one occasion and his mother on another occasion.
See also
References
{{reflist}}
External links
{{wikisource}}
- [https://web.archive.org/web/20100424092752/http://www.scottish.parliament.uk//business/bills/billsPassed/rudr-01.htm Report of the inquiry into the care and treatment of Noel Ruddle], Mental Welfare Commission for Scotland, March 30, 2000
- {{UK-LEG|path=asp/1999/1|title=Mental Health (Public Safety and Appeals) (Scotland) Act 1999|type=asp}}
{{UK legislation}}
Category:Acts of the Scottish Parliament 1999