The reports of the Millan and MacLean committees: new proposals for mental health legislation and for high-risk offenders in Scotland

Abstract

In Scotland the MacLean and Millan Committees have produced reports making proposals for serious violent and sexual offenders and for reform of mental health legislation respectively. The MacLean Committee proposals set out a framework for the assessment and sentencing of offenders who may pose a high risk of further serious offending. Such offenders would undergo a formal, accredited, structured clinical risk assessment prior to sentencing, and those determined to be high risk would be sentenced to an ‘Order for Lifelong Restriction’ (OLR). This OLR would be an indeterminate prison sentence, with release following a punishment tariff being dependent on risk assessment and a risk management plan. Risk management in the community would involve supervision, programmes, monitoring and potential recall to prison. The MacLean Committee proposals are clearly set out as criminal justice measures with the determination of ‘dangerousness’ not being linked to any form of mental disorder. The Committee did not feel that special provisions were required for personality disordered offenders. The Millan Committee's proposals for reform of the Mental Health (Scotland) Act 1984 highlight the protection of the rights of mentally disordered patients and shift the emphasis from detention in hospital to treatment for mental disorder, whether in hospital or the community. The Millan Committees proposals include explicit guiding principles, modernized categories of mental disorder, criteria for detention which include a modified incapacity criterion and a ‘treatablity’ criterion for all types of mental disorder, compulsory orders in hospital and the community, mental health tribunals to replace the sheriff court as the legal forum for granting orders and for appeals, and the end of the Executive's role in determining the discharge of restricted patients. The Scottish Executive responded positively to both reports, and a Criminal Justice (Scotland) Bill and Mental Health (Scotland) Bill are going through the Scottish Parliament. By the end of 2004 it is likely that Scotland will have new Acts which will include all the main proposals of these two committees. This is in marked contrast to the process that has led to the current Mental Health Bill in England and Wales.