Prisoners – Prisoners with mental disorders

This entry in the Knowledge Base uses current terminology where possible and limits the use of obsolete terminology to the titles of legislation and legally defined defences.

Before 1839 there was no separate provision in Scotland for prisoners with mental disorders, who were detained in local prisons along with other prisoners, unless a burgh maintained a separate asylum. The Prisons (Scotland) Act 1839 addressed criminal mental ill-health for the first time, and part of the General Prison at Perth was adapted to house such prisoners.[1] This opened in 1846 under the charge of a medical superintendent. The Lunacy (Scotland) Act 1857 provided that if a person was charged and found to be mentally ill at the time of committing the crime, the jury should acquit on the ground of insanity and the court should order the person to be confined during the royal pleasure.[2] From 1862, mentally disordered prisoners, on the expiry of their sentence, might be detained in the appropriate department of the General Prison at Perth, or in a local prison or asylum until liberated in due course of law.[3] The Criminal and Dangerous Lunatics (Scotland) Act 1871 empowered the Secretary of State to liberate persons detained indefinitely (‘at Her Majesty’s pleasure’) on certain conditions, although they could be recalled if any of the conditions of liberation were broken.[4] The Criminal Lunatics (Scotland) Act 1935 empowered the Secretary of State to build a specific establishment for mentally disordered criminals at Carstairs in Lanarkshire, which is known as the State Hospital.[5] Since 1948 this has been the sole place of confinement for mentally disordered criminals in Scotland and since 1994 it has been part of the NHS as The State Hospitals Board, providing high secure care.[6] The legal defences of insanity and diminished responsibility were abolished in 2010 and replaced with a defence of mental disorder.[7]

Records relating to prisoners with mental ill-health are held by National Records of Scotland (reference code HH18), as are records of the State Hospital, Carstairs (HH59 and HH102).

Compilers: SCAN contributors (2000).

Related Knowledge Base entries

Prisons and prisoners

Mental Health

Bibliography

Cameron, Joy, Prisons and Punishment in Scotland (Canongate, 1983)

Stone, J.A.W., ‘Lunacy’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956), pp.161-76

References

[1] Prisons (Scotland) Act 1839 (2 & 3 Vict. c.42).

[2] Lunacy (Scotland) Act 1857 (20 & 21 Vict. c.71).

[3] Lunacy (Scotland) Act 1862 (25 & 26 Vict. c.54).

[4] Criminal and Dangerous Lunatics (Scotland) Act 1871 (34 & 35 Vict. c.55).