ABSTRACT
Scottish law is distinct from other jurisdictions in the United Kingdom. When an oender with a mental disorder is sentenced for a criminal oence, is found unt to plead, or is found not guilty by reason of insanity, a court, having considered oral psychiatric evidence may, in order to protect the public from serious harm, place special restrictions on the oender. A restricted patient cannot be transferred or have time outside hospital without the permission of Scottish ministers. Restricted patient cases are reviewed by a tribunal that is chaired by a judge (termed in Scotland a sheri). e tribunal has the power to discharge the order, li restrictions, or conditionally discharge the patient to live in the community. Scottish ministers can vary the conditions of discharge and recall patients to hospital. Currently there are 300 restricted patients, 47 of whom are on conditional discharge in the community.
