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Under consideration PE1878: Investigate prosecutions under the Mental Health (Care and Treatment) (Scotland) Act 2003

Calling on the Scottish Parliament to urge the Scottish Government to investigate why there have been so few prosecutions under sections 315 and 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Previous action taken

I have contacted my MSP Jackie Baillie.

Background information

I am aware of a section 318 case where the police investigated the complaint against the psychiatrist and found sufficient evidence to charge them with having committed an offence. However the Mental Welfare Commission advised the Procurator Fiscal to drop the case. I believe this issue should be investigated.

Wellside Research published a consultation about the Commission recently which showed they heavily favoured professionals.

My previous petition on this topic (PE1786) was closed last year. It was believed that the issue was that there were not enough Mental Health Officers to consent to emergency detentions. However this was not the point of my previous petition. My point was that there are too many barriers to prosecutions.

I have submitted several petitions in the past that have been closed without any outcomes and without being allowed to appear personally in front of the Committee.

  • Created by Andrew Muir
  • Considered from 8 July 2021

This petition is now under consideration by the Citizen Participation and Public Petitions Committee

Find out about the Citizen Participation and Public Petitions Committee’s discussion of this petition

32 signatures