The Mental Health (Public Safety and Appeals) (Scotland) Act 1999 was an Act of the Scottish Parliament which was passed by the Parliament in September 1999 and was designed to close a loophole in the law which led to the release of mentally ill killer, Noel Ruddle, who was released from the state hospital at Carstairs after arguing its treatment programmes were no longer of benefit to him.
The act had two main purposes: The first was to add a new criterion to the statutory tests applied by a sheriff or the Scottish Ministers when considering whether to order the discharge of a restricted patient.
The sheriff and the Scottish Ministers must now refuse to order a discharge (either conditional or absolute) if satisfied that the patient has a mental disorder, the effect of which is that continuing detention in hospital is necessary to protect the public from serious harm.
[4] On 20 March 1992, Ruddle pled guilty to several charges at Glasgow High Court and was ordered to be detained and sent to Carstairs State Hospital without limit of time.
[4][5] Ruddle obtained his released in August 1999 after making a legal appeal at the Lanark Sheriff Court on the basis that treatment programmes were no longer of benefit to him.