ABSTRACT
Table 28.2 compares the legal provisions for mentally disordered offenders in the UK and the Republic of Ireland.
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Mental Health (Scotland) Act 2003 Section 328 defines mental disorder as any mental illness, personality disorder or learning disability. Sexual orientation, sexual deviancy, transsexualism, transvestism and dependency on or use of alcohol or drugs is excluded from this definition. Under the Act, provisions exist for an RMO, an Approved Medical Practitioner (AMP) (Section 22), a Mental Health Officer (MHO) (in practice a social worker), designated Medical Practitioners (DMPs), the Mental Welfare Commission and Mental Health Tribunals. All patients have a right to advocacy (Section 259). Advanced statements are possible under Sections 275 and 276.
