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The Mental Health (Scotland) Act 2015 amends the Mental H...

β€œThe Mental Health (Scotland) Act 2015 amends the Mental Health (Care and Treatment) Scotland Act 2003 to ensure that service users with a mental disorder can access effective treatment quickly and easily. Measures were introduced regarding named persons, advance statements, and advocacy to enhance service users' rights and to encourage participation in their treatment. Regarding mental health disposals in criminal cases, amendments were made to the Criminal Procedure (Scotland) Act 1995. Timescales have been amended for assessment and treatment orders, alongside variations of certain orders. The aim is for a streamlined process to ensure that mentally disordered offenders receive appropriate care and treatment. A Victim Notification Scheme for victims of mentally disordered offenders was also introduced. This allows victims of offenders subject to certain orders to be provided with certain information and allows the victims to make representations regarding the offender being released from detention.”
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Confidence: High Checked on July 23, 2026

Summary

The 2015 Act amends the 2003 Act to facilitate quicker, effective treatment and adds provisions for named persons, advance statements and advocacy. It also amends the 1995 Criminal Procedure Act, revises timescales for assessment and treatment orders and allows variations of certain orders. Additionally, it establishes a Victim Notification Scheme that gives victims information and the right to make representations about the release of mentally disordered offenders. All these elements are confirmed by the legislation.

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legislation.gov.uk
  • Mental Health (Scotland) Act 2015

    An Act of the Scottish Parliament to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 in various respects; to make provision about mental health disposals in criminal cases; to make provision as to the rights of victims of crime committed by mentally-disordered persons; and ...

  • Mental Health (Scotland) Act 2015 - Explanatory Notes

    Part 1 also amends provisions relating to representation by named persons and advance statements. Part 2 amends the 1995 Act in respect of treatment for mentally disordered offenders. It amends timescales for assessment and treatment orders for such patients and provides for variation of certain orders. Part 3 creates a new notification scheme for victims of mentally disordered offenders.

gov.scot
  • Mental Health Scotland Act 2015: key provisions - gov.scot

    The 2015 Act extends the provisions ... examinations. It amends the provisions in the 2003 Act related to providing services and accommodation to mothers with post-natal depression to mothers with any mental disorder....

  • Legislation and guidance - Mental health - gov.scot

    The main mental health legislation in Scotland is the Mental Health (Care and Treatment) (Scotland) Act 2003, as amended by the Mental Health (Scotland) Act 2015.

  • Mental health - gov.scot

    The 2015 Act extended victims’ rights under the Victim Notification Scheme to receive information and make representations about a prisoner where they have been made subject to a hospital direction or transfer for treatment direction.

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