Learning disability, autism and the Criminal Procedure (Scotland) Act
Advances in Mental Health and Intellectual Disabilities
ISSN: 2044-1282
Article publication date: 20 August 2020
Issue publication date: 20 August 2020
Abstract
Purpose
This paper aims to investigate the use of Part VI of the Criminal Procedure (Scotland) Act 1995 (CPSA) for people with Learning Disability (LD) and/or Autism. This is in the context of a recent review commissioned by the Scottish Government into whether the provisions in the Mental Health (Care and Treatment) (Scotland) Act 2003 (MHA) meet the needs of these groups which would also affect associated legislation such as CPSA.
Design/methodology/approach
All CPSA orders active on the 3 January 2018 were identified and analysed for a number of variables including diagnoses, detention length, level of hospital security and medication use.
Findings
Of the 580 people on CPSA orders, 69 (11.9%) had LD and 27 (4.7%) had possible/definite Autism. Most people with LD (56.5%) did not have a mental illness or personality disorder. Most (81.2%) had mild LD. There were two patients whose only diagnosis was Autism. Mean duration of detention was longer for those with LD than for those without. Most patients with LD alone were prescribed medication (61.5%) and, if in hospital, were managed in low secure units (59%).
Originality/value
The results indicate that people with LD or Autism are differently affected by the application of the CPSA from other people with mental disorders, and that this is potentially discriminatory, if it is not objectively justified . It supports the stance from the recent review that to reduce the potential for discrimination, substantial changes to MHA and CPSA should be considered in the wider review of the MHA in Scotland.
Keywords
Acknowledgements
The views stated are those of the authors and not necessarily the Mental Welfare Commission for Scotland. The authors would like to acknowledge the contribution of the late Dr Gary Morrison, Executive Director (Medical), Mental Welfare Commission for Scotland, in supervising the first named author. We are also grateful for the input of Dr Andrew McKechanie and Dr Lindsay Mizen for their help in statistical analysis of the data, and to Dr Arun Chopra, Executive Director (Medical), Mental Welfare Commission, for his review and suggestions for the paper.
Citation
Williams, F., Warwick, M., McKay, C., Macleod, C. and Connolly, M. (2020), "Learning disability, autism and the Criminal Procedure (Scotland) Act", Advances in Mental Health and Intellectual Disabilities, Vol. 14 No. 5, pp. 149-167. https://doi.org/10.1108/AMHID-09-2019-0028
Publisher
:Emerald Publishing Limited
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