Women with mental health issues are repeatedly being locked up in prison because there are not enough hospital beds for them, Scottish Ministers have been warned.
Perth Sheriff Paul Reid raised the issue at an urgently-called hearing to discuss the ordeal of Nicola Williamson, who has been remanded at Cornton Vale for the last 50 days, despite an urgent need for a hospital assessment.
Williamson, 33, is accused of a variety of offences including assaults and public disorder but is medically unfit to attend court.
She could pose a danger to herself or her community if released, doctors say.
Sheriff Reid pointed out the maximum custody period for such summary cases is 40 days.
He ordained Scottish Ministers to attend Tuesday morning’s hearing after raising concerns detaining her any longer could be unlawful and a breach of her human rights.
New bed becomes available
When the case called on Friday last week, the sheriff was told there was no hospital accommodation for Williamson, although there was a “hope” some would become available in the coming weeks.
At Tuesday’s heading, fiscal depute Andrew Harding said he had received a note, confirming a bed had finally been secured.
Sheriff Reid appeared sceptical.
“Without wanting to look a gift horse in the mouth, how is there a bed?” he asked.
“At 11am on Friday, we were told there was no realistic prospect of a bed being found in the foreseeable future.
“The whole point is that she has been in detention for 50 days because there are no beds available anywhere in the forensic estate.
“The search for beds was exhaustive.
“And literally within minutes of the court demanding that ministers appear to explain what is happening, a bed appears.”
He said this was not an isolated issue.
“In this court alone, we have had this problem three times.”
Solicitor advocate Claire Meikle, representing Scottish Ministers, said “strenuous” efforts had been made since Tuesday last week and a bed was secured following a meeting involving NHS Tayside late on Friday.
Sheriff Reid noted an accused person should be transferred to hospital within seven days of an order being made.
“It is perhaps for another court in other proceedings to retrospectively decide if what has happened is lawful,” he said.
“If there is a challenge further down the line, that is something we need to take a view on but the court is going to have this problem again going forward.”
Strasbourg court
Ms Meikle said ministers were already aware of this wider issue after it was highlighted a damning report on local mental health services published three years ago.
She said work is “under way” to address these issues.
Sheriff Reid said: “I would be surprised if the (human rights) court in Strasbourg accepted this court saying: ‘Well Scottish Ministers have agreed to set up a working group and they’ll have it sorted out at some point, so I’m going to detain this individual’.
“This seems to be a regular issue and it is a problem that will re-occur until a longer term solution can be found.
“The impression I get, from what is said today, is that they know there is a problem from the mental health review.
“But it was not until they got a note about these particular proceedings, they become aware of the breadth and scale of the problem.”
Ms Meikle said: “Part of this is an information issue that was identified in the mental health review.”
At the end of the hearing, an assessment order was made against Williamson.
She is accused of acting in a racially aggravated manner and assaulting a man by pulling him from a vehicle in Balhousie Street, Perth, on August 28 2021.
It is also alleged she assaulted a woman in Market Park, Crieff, on August 11 2022.
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