Detention from prison setting
NHS Forth Valley mental health emergencies
- Prisoners have the right to access healthcare and to be provided with treatment for a mental disorder even when they are unable to consent. A failure to provide such treatment may constitute a breach of the Human Rights Act (articles 2, 3, and 14).
- Civil legislation does not apply.
- Assessment Order, Treatment Order or Transfer for Treatment Direction apply.
- Appropriate forms, available in the prison, need to be completed by medical staff following an examination of the patient.
- The medical report is then submitted to the prison governor who notifies the Scottish Government and the courts.
- Any doctor who has examined the patient in prison and is proposing such a transfer must liaise closely with the proposed hospital for transfer, and in particular secure agreement with the receiving clinician prior to any recommendation for transfer being made.
- The 7 day rule applies: if a bed cannot be found within 7 days and a transfer to hospital is still necessary, then the medical recommendations must be renewed.