President’s guidance and directions

This section contains material on specific practical issues that arise in the Tribunal’s work. 

Since the inception of the Tribunal, Guidance and Directions have been issued to members, and to the administration of the Tribunal.  These are issued in the exercise of the powers conferred on the President by Schedule 2 to the Mental Health (Care and Treatment) Scotland Act 2003 ("the 2003 Act").  Such Guidance and Directions seek to achieve consistency in decision-making and operational efficiency, with a view to maintaining high standards in the exercise of the Tribunal’s functions under the 2003 Act.

Practice Directions and Guidance which have been issued by the President to Members:

Practice Directions

• 1/2006: Granting CTO where patient subject to HD or TTD
• 1/2007: Issuing of Reasons where ICTO is made
• 1/2010: Citation of Witnesses – Payment of Expenses

President's Guidance

• 1/2008: Appointment of patient's RMO
• 1/2009: Same Panel Requests and Directions (revised March 2024)
• 2/2009: Directions (revised January 2024)
• 3/2009: Trainee Solicitors as a representative (revised May 2025)
• 1/2010: Place of patients at hearings where Curator ad litem appointed
• 1/2012: Timing of Tribunals – Revised July 2024
• 2/2012: Additional Writing Up Fee – Revised 4 August 2020
• 1/2013: Tribunal hearings where no clerk in attendance (revised 2024)
• 2/2013: Medical Examination: Requirements (section 58 of the 2003 Act)
• 3/2013: Note on Rule 72
• 1/2018: Reserving intimation of decision of the Tribunal (revised July 2024)
• 1/2019: Process for completing FFRs revised 2024
• 1/2022: Guidance on the Status of an Approved Medical Practitioner
• 1/2023: Guidance on translation and interpretation (revised May 2025)
• 2/2023: Guidance on CORO 2 forms after conditional discharge
• 3/2023: Guidance on sections 68 and 69
• 4/2023: Guidance on taking evidence from abroad updated Aug 2024
• 5/2023: Transfer of detained patients between hospitals
• 1/2024: Escort nurses at hearings
• 2/2024: Guidance on CAMHT & UNCRC
• 3/2024: Schedule 3 to the 2003 Act
• 1/2025: Recorded Matters
• 1/2026: Guidance for patients with a learning disability

Guidance which has been issued by the President to the Tribunal's Administration:

• 1/2008: Status of advice from President's Office to Administration
• 2/2008: Naming Convention for Guidance and Directions
• 3/2008: Documentation to be issued following successful appeal
• 5/2008: Attendance of staff and others at Tribunal hearings (Rule 66) – Revised November 2024
• 1/2009: Section 86 determinations and Section 92 applications – Time limits for lodging applications to extend / extend & vary
• 1/2010: Notification of Short-Term Detention Certificate (STDC) (Revised March 2026)
• Provision of Documents (Revised March 2026)
• 1/2012: Rule 58 (Revised December 2025)
• 3/2013: Note on Rule 72 Directions
• 2/2014: Notice and Documents in Tribunal proceedings concerning restricted patients
• 1/2026: Guidance to administration on choosing hearing mode
• 2/2026: Guidance to administration on changing date of unintimated hearing
• 3/2026: Guidance to IHCs and administration – Process for Rules 46 and 48

The following documents/templates are available to download:

• FFR template
• Directions template
• ROHA Template

In this section you can find:

Guidance and directions to members

Guidance to the Tribunal’s Administration