Alex RKThe Scottish Mental Welfare Commission has today (10 July) published very interesting ‘Advice Notes’ on deprivation of liberty [full disclosure, written by one of the Scottish contributors to the Newsletter, Jill Stavert].
The guidance is of most immediate relevance to those in Scotland (especially the later sections dealing with the specifically Scottish legislative provisions and commenting on the Scottish Law Commission’s proposals as to the plugging of the Bournewood Gap).
However, the detailed commentary on Article 5 in Chapter 1 is, or should, be of interest to anyone involved in the ongoing debates as to what may constitute a deprivation of liberty, for so long as it is necessary to have those debates (roll on – in England – the Law Commission’s proposals to find a way to do an end run around these to focus on the real issues: please remember to have your say…).
Thanks Alex. Interesting to see a summary able to consider this comparatively and so some degree unencumbered by the muck and mire of England and Wales discussions.