Appeals in civil cases

Where someone is subject to a compulsory treatment order or to a compulsion order, the decisions against which it is possible to appeal to the Sheriff Principal are specified in section 320(1) of the 2003 Act. These include, for example, a decision to refuse an application for revocation of a short term detention certificate; a decision to make or refuse to make a CTO; a decision to make an interim CTO; a decision to confirm the RMO's decision to extend a CTO, a decision to vary a CTO and equivalent decisions regarding CTOs. There is a further right of appeal to the Court of Session against decisions of the Sheriff Principal (see section 321 of the 2003 Act). Only certain persons may appeal to the Sheriff Principal or to the Court of Session against a decision. The right of appeal is held by a relevant party to proceedings before the Tribunal. A relevant party is defined in section 320(5) of the 2003 Act (read with section 320(6) to (9)) and has different meaning, depending on the particular decision being appealed. Generally it includes the patient, the patient’s named person, any welfare guardian of the patient, any welfare attorney of the patient, the mental health officer and the patient’s responsible medical officer.