Section one Context
• Revisions to the Mental Health Act Code
of Practice were published in January
2015 and apply in England. The revised
document includes five new overarching
principles that should inform all decisions
under the act, and calls on MHA
commissioners to consider human rights
legislation and international conventions.27
• The Offender Rehabilitation Act 2014
introduced provisions about the release
and supervision after release of offenders,
including those on short sentences. Under
the Act, all prisoners, regardless of the
length of their sentence, will be subject to
a minimum of 12 months supervision and
rehabilitation support on their release.28
• Further to this Act, the ‘Transforming
Rehabilitation’ programme began to be
implemented with the reorganisation of
rehabilitation services provided through
‘community rehabilitation companies’ (for
medium- and low-risk offenders) and the
National Probation Service (for high- and
very high-risk offenders).29
• The Serious Crime Act 2015 created new
offences relating to possession of knives
and offensive weapons in prisons and
throwing articles into prisons.30
• The Counter-Terrorism and Security Act
2015 establishes a duty on specified
public bodies, including all prisons, YOIs,
STCs and SCHs, to prevent people being
drawn into terrorist activity.31
• The Mental Health Scotland Bill was
introduced with a view to amending
the Mental Health (Care and Treatment)
(Scotland) Act 2003, including proposals
to make provision about mental health
disposals in criminal cases, and change
and enhance provisions relating to the
rights of the individual person.32
• The Children and Young People
(Scotland) Act 2014 places additional
duties on Scottish ministers and public
bodies to ensure children’s rights are
integrated in their work, and increases the
power of the Scottish Commissioner for
Children and Young People to investigate
complaints regarding their rights.33
Taken together, NPM members viewed
the legislative developments in Wales
as bringing a renewed emphasis on the
centrality of outcomes for the citizen and
their communities as the measure of success
of public services. NPM members’ efforts to
strengthen their own inspection frameworks
will support these efforts.
Plans to build a new women’s prison in
Scotland, to replace the Cornton Vale prison,
were scrapped and in January the Scottish
Government announced plans to consult
on the provision of smaller regional and
community-based custodial facilities instead.
Over the year, a number of high profile cases
of sexual abuse and exploitation of children
from the past continued to come to light.
There were increased efforts to investigate
whether public bodies and others had
taken their duty of care seriously to protect
27 At: https://www.gov.uk/government/publications/code-of-practice-mental-health-act-1983 (accessed 14/10/15).
28 At: http://www.legislation.gov.uk/ukpga/2014/11/contents/enacted (accessed 14/10/15).
29 See: https://www.gov.uk/government/collections/transforming-rehabilitation (accessed 14/10/15).
30 At: http://www.legislation.gov.uk/ukpga/2015/9/contents/enacted (accessed 14/10/15).
31 At: http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted (accessed 14/10/15).
32 At: http://www.scottish.parliament.uk/parliamentarybusiness/Bills/78451.aspx#sthash.UKrzXE6P.dpuf (accessed 14/10/15).
This became the Mental Health (Scotland) Act 2015 when it received royal assent on 4 August 2015.
33 At: http://www.legislation.gov.uk/asp/2014/8/contents/enacted (accessed 14/10/15).
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents