Detention Certificates
The act provides for short term detention certificates and emergency detention certificates.
Short term certificates are referred to by the act as the 'preferred gateway' to detention, and lead, notionally, to up to 28 days detention during which treatment may be administered against the will of the detainee, and can also lead to compulsory treatment orders, which have longer term implications for the detainee's liberty.
Detainees can apply to the Mental Health Tribunal for revocation of short term certificates.
Emergency certificates lead, notionally, to up to 72 hours detention, and can also lead to detentions under short term certificates.
Emergency certificates do not enable treatment against the will of detainees, and there is no formal process of appeal against them.
Unless a certificate is completed for someone who is already in a mental health hospital, both forms of detention are preceded by detention of up to 72 hours in what are called 'places of safety', while transport to hospital is arranged.
Also, short term detentions may be extended for periods of up to three 'working days', to facilitate applications to the Mental Health Tribunal for compulsory treatment orders.
Saturdays, Sundays, and Scottish bank holidays are not counted as working days.
Read more about this topic: Mental Health (Care And Treatment) (Scotland) Act 2003
Famous quotes containing the word detention:
“I would like you to understand completely, also emotionally, that I’m a political detainee and will be a political prisoner, that I have nothing now or in the future to be ashamed of in this situation. That, at bottom, I myself have in a certain sense asked for this detention and this sentence, because I’ve always refused to change my opinion, for which I would be willing to give my life and not just remain in prison. That therefore I can only be tranquil and content with myself.”
—Antonio Gramsci (1891–1937)