Chamber and committees

Each restricted patient detained for treatment at the State Hospital or other hospital may appeal to the courts once a year for a review of his or her detention case. Each application is scrutinised for Ministers by Scottish Executive officials. In all but routine cases, the decision on whether the application should be opposed is made by Ministers themselves, who reach their decision in the light of advice and on the merits of the case. The relevant Ministers then monitor the progress of each case, and give instructions to officials on its conduct as necessary.Mr Noel Ruddle appealed in March 1999. His case raised issues of treatability similar to those of Mr Alexander Reid and Mr Michael Ferguson, in both of which it had been argued successfully in court that the law permitted - and the merits of the case demanded - continued detention. On the basis of advice put to him in March 1999, the Secretary of State instructed counsel to oppose Mr Ruddle's application on similar grounds.

In a judgement delivered on Monday 2 August, the court found in Ruddle's favour. There was no right of appeal. Ministers sought immediate legal advice on the terms of the judgement and whether it would be possible to sustain an application for judicial review. In the light of that advice, Ministers concluded that Ruddle's release could not be delayed or prevented by an immediate application for judicial review, nor by any other means available to them within the law.After discussing the Ruddle judgement with legal and policy advisers, Ministers reached the conclusion that the law as stated in that judgement did not allow the courts to take full account of public safety when considering such cases.We have therefore:

instructed officials to prepare immediate advice on whether and how the law could be changed to address their concerns;

made clear that the emergency legislation procedures of the Scottish Parliament would be used if necessary;

approached Lord MacLean to ensure that his committee, which is reviewing the sentencing and treatment of serious offenders with personality disorder, takes full account of the implications of the Ruddle case, and is in a position to bring forward detailed recommendations in the early part of next year;drawn the case to the attention of the committee chaired by the Rt Hon Bruce Millan which is reviewing the Mental Health (Scotland) Act 1984 and which is expected to report in the summer of next year; and

requested the Mental Welfare Commission for Scotland to undertake an inquiry into the care received by Mr Ruddle and other patients with a diagnosis of personality disorder or similar conditions, focusing particularly on its psychological aspects.This work continues.