☞Calling the court appointed experts to stop giving opinions on the level of social crime seriousness, as such an assessment is reserved to courts. After assessing violence risk, they can, as experts, assess the risk of committing crimes with the use of violence. ☞Ensuring that the Psychiatric Commission for Security Measures includes a person who is an expert in assessing the risk of violence by means of applying HCR20 v3 and SAPROF tools, thanks to which the Commission assessments and decisions about the level of security could be more exact. Release from detention The National Mechanism for the Prevention of Torture pointed to a problem of ending detention if patients are not provided with support of their families and they cannot function on their own. In such cases, depending on patient’s condition, a hospital director moves to a court to accommodate the patient in a residential care home. Although there is no major problem apart from a long waiting time if a patient agrees to such a solution, problems appear if accommodation at such a residential care home is against the patient’s will. It happens that courts refuse to issue a decision to accommodate a patient at a residential care home while requiring a decision about termination of detention first. This is not possible, however, as due to certain circumstances, such as e.g. insufficient insight into patient’s files, lack of support, homelessness, ending the detention would result in an increased risk of committing a forbidden act again. This causes unnecessary prolongation of detention, stress and disorientation in patients. This issue was also tackled by the CPT, which noticed that in some countries patients who do not require a forced accommodation in a psychiatric facility, still stay there due to a lack of adequate attendance or accommodation in the outside world130. CPT Continuing detention of a person due to lack of adequate conditions in the outside world is a highly questionable practice. 130 See CPT Eighth General Report [CPT/Inf (98)], paragraph 57. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 57

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