A Mock Tribunal

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A Mock Tribunal

• Stirling conference Centre
• 14.9.05

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Whats your Role
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Role of RMO

• Statutory reports
• Will be cited to attend Tribunal

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Role of named person

• Protecting the interests of the patient
• Entitled to take her own independent view

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Role of Tribunal Members

• Consider the Care plan
• Hear applications/ mandatory reviews
• Record and communicate decisions
• Legal - chair, facilitator, rule on legal
  questions
• Medical- explain medical matters
• General -no specific area
• The overriding objectivesFairness, expedition
  and efficiency of procedure

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Who gets the ball rolling
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Procedure for initiating a tribunal for
conditional discharge

• RMO report to Scottish Ministers under section
  183
• Scottish Ministers must apply (section 185) to
  the MHT under s191 for an order under 193 (Form
  6)
• MHT sends notice to those set out in s185(2)
• Application by patient etc s192

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What Information should the RMO give to whom in
the first instance?
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Initial RMO report

• Set out in s183 and Code of Practice
• Similar information to the annual report
• Should include multidisciplinary views (inc.
  differing views) and MHO report
• Similar to the current application for CD found
  in the MOP

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What additional documentation would tribunal
members like?
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Additional Information

• Rule 43 Tribunal may on its own initiative
  consider and determine any preliminary matter,
  inc. requiring written submissions.
• Rule 49 Direct the provision of any document
  reasonably required, inc. a statement of agreed
  facts
• Rule 62 Appoint an expert for a report.

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How can the views of the victim be taken into
account
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Victim involvement

• Could be taken as a witness
• Has the right to be considered an interested
  party
• Could be seen at a preliminary hearing
• Could take part by videolink

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In public or private?
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In public or private

• Section 66 of the rules
• usually in private
• patient can apply for it in public
• Tribunal can refuse this if threatens welfare of
  patient or others, impedes a fair hearing or
  prejudice the interests of justice
• Also can impose restrictions on publicity and
  recording

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Who is actually at the tribunal?
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Who is actually at the tribunal

• The tribunal (once started the convenor can
  continue with only one other member)
• Staff or other tribunal members inc the President
  and Council on Tribunals
• Relevant people - witnesses may be excluded unit
  evidence given
• Representatives

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What if someone becomes disruptive or is
predicted to be
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What if someone is disruptive or is predicted to
be?

• Section 68/69 exclusion if Tribunal satisfied any
  party may cause serious harm, disrupt the hearing
• May order an expert report
• Individual may be seen alone or apart from the
  rest of the Tribunal
• If the patient then adjournment for legal
  representation

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The question of detainability
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The CORO Six Questions of detainability

• 1 Mental Disorder
• 2 Treatability
• 3 Civil Risk (significant risk, safety)
• 4 Necessity for CO
• 5 Public safety (serious harm)
• 6 Restriction Order Necessary

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What conditions should apply?
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Possible conditions

• Residence
• Supervision
• attendance
• Access
• medication /other treatment compliance
• restriction of substances
• prohibition of areas to avoid victims

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How will the decision be delivered and who can
appeal?
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The decision and appeal

• Section 72 rules at the end of the hearing or
  reserved
• If reserved effective from the date sent
• May be published
• Appeals by a relevant party (not RMO or victim),
  in part 22 of the Act to The Court of Session
• 21 day window from the decision
• S 323 Court of Session may suspend the Tribunal
  decision

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Whats the recall procedure
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The recall procedure

• Section 202 recall by Scottish ministers
• essentially the same as now