United Kingdom - Scotland Restrictions of freedom Mental Health
(Care and Treatment) (Scotland) Act 2003 The Act was designed to
modernise and improve the use of compulsory measures in mental
health care. It reflects the general move over the last two
decades towards care and treatment in the community rather than
in hospitals or other residential settings. The title reflects
the philosophy of the legislation with the focus on ‘care’ and
‘treatment’. In basic terms, the Act provides for the protection
of people with a mental disorder in a hospital or community
setting. It contains mechanisms for dealing with offenders who
have a mental disorder and so interacts with the criminal
justice system. The Act covers individuals who are defined as
having a ‘mental disorder’. The term includes mental illness,
personality disorder and learning disability. The majority of
cases involving compulsory measures have been in relation to
people diagnosed with a mental illness. However, the Mental
Welfare Commission for Scotla