FOI/202000066436 · FOI · not held
Criminal proceedings under Section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003: FOI release
Information requested
Criminal proceedings under Section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 since the Act came into being in 2003: 1. How many cases have gone to court under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003? 2. How many of the cases going to court resulted in a conviction? 3. How many of the cases going to court involved psychological harm as part of the 'ill-treatment and wilful neglect'?
Response
The answer to questions 1 & 2 is provided in the following table: Number of people prosecuted under section 315 of the Mental Health (Care and Treatment) Scotland Act 2003 (1), since 2003, by result
2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 Total Prosecuted 1 1 2 1 3 8 4 4 8 4 5 4 Total Convicted 1 0 2 1 2 4 1 3 4 3 5 2
(1) Where main charge Source: Scottish Government Criminal Proceedings database
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. We cannot answer question 3 as we do not hold that level of detail on charges. Our statistics are presented on the number of people proceeded against in Scottish courts rather than number of cases prosecuted. Further information is available from our Criminal Proceedings in Scotland 2018-19 bulletin which can be viewed here https://www.gov.scot/publications/criminalproceedings-scotland-2018-19/.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG
Detected exemption language
Information requested Criminal proceedings under Section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 since the Act came into being in 2003: 1. How many cases have gone to court under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003? Response The answer to questions 1 & 2 is provided in the following table: Number of people prosecuted under section 315 of the Mental Health (Care and Treatment) Scotland Act 2003 (1), since 2003, by result 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 Total Prosecuted 1 1 2 1 3 8 4 4 8 4 5 4 Total Convicted 1 0 2 1 2 4 1 3 4 3 5 2 (1) Where main charge Source: Scottish Government Criminal Proceedings database While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested.
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