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The use of compulsory care and treatment for mentally disordered offenders

 

AR-08-09-table-18

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Our interest in these figures

Each year, we report on the number of orders made for assessment or treatment under criminal procedures law. Many different orders can be made for the same person. For example, a person accused of a crime could be sent to hospital under an assessment order, detained further under a treatment order and, if convicted, treated under a compulsion order with or without a restriction order. We look to see if there are any variations compared with previous years.

We find some variation year on year but the only consistent pattern is that the use of long term orders after conviction (compulsion orders) had been falling for several years.

What we found

There are some differences from previous years but the main findings are:

  • The number of compulsion orders without restriction has gone up from 48 to 60 this year. This is against a downward trend over previous years. We thought that better Court Diversion schemes were stopping people who had been arrested on minor charges from going through the criminal justice system. We will watch this figure in future years.
  • The number of remands under Section 200 of the Criminal Procedures (Scotland) Act 1995 continues to fall. This is good news. We think there are far more appropriate disposals available since the 2003 Act was introduced.

AR-08-09-table-19 

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Our interest in these figures

We look at the age and gender of people who have been treated under compulsory powers when accused or convicted of offences. Usually, these people are younger men. This differs from civil compulsory orders where the gender balance is more even.

What we found

As in previous years, there are far more men than women assessed or treated under compulsory powers via the criminal courts. We are seeing a slight shift in the age range, with proportionately more people aged 45 and over in this category. We will continue to monitor this.

 

AR-08-09-table-20

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 Our interest in these figures

Compulsion orders in the community are relatively uncommon but the number is rising. We look at how many new and varied orders there are each year.

What we found

This year, there were 25 new or varied orders authorising community treatment under a compulsion order. This is comparable with previous years. A very small number of people were recalled to hospital during this period.

 

Figure: Orders granted under Criminal Procedures Scotland Act 1992-2009 

 FigA

 

 Our interest in these figures

Criminal procedures legislation allows for long-term mental health "disposals" from court. Compulsion orders (formerly hospital orders) are granted by the court and are similar to compulsory treatment orders. Compulsion orders with restriction orders (COROs) are used where the crime has been particularly serious and where the person needs to be subject to special restrictions overseen by Scottish Ministers. We look at the number of new orders granted each year.

What we found

Over time, we had been seeing a reduction in the number of new compulsion orders (COs) while the number of new COROs had been relatively stable. We think that the 2006-7 figures are misleading - some of the forms had not been completed correctly due to misunderstanding of the new legislation. We are finding that the number of new COs has risen this year. We are pleased to see mental health care and treatment used as a disposal from court where there is a clear need. We would prefer to see fewer people with mental disorders getting involved in the court system in the first place. Good quality services, good crisis management and court diversion schemes all have a part to play

See also figures on trends in the use of legislation for mentally disordered offenders.