This chapter examines the powers of criminal courts to make a mental health-based disposal rather than relying on the options available within the criminal justice and penal system when faced with a mentally disordered person accused or convicted of a crime. It considers the practical shape of diversion policy, in terms of a series of decisions made by criminal courts, at the various stages of the criminal process, as to whether an accused or convicted person should remain within the criminal justice system or instead be diverted into the mental health system.
Graeme Laurie, Shawn Harmon, and Edward Dove
This textbook has provided a framework for exploring medical law and ethics for more than 35 years. It provides extensive examination of the interrelationship between ethical medical practice and the law. The authors offer their own opinions on current debates and controversies, and encourage readers to formulate their own views and arguments. Medical law is significantly shaped by the courts, and this book provides extensive coverage of recent judicial decisions as well as statutory developments. This eleventh edition continues to take a comparative approach, as in the case of assisted suicide, and also on the growing influence of international instruments and collaborations, as demonstrated in the field of health research. Despite the prospect of Brexit, the book continues to offer a dedicated and in-depth chapter on the influence of EU law on the field. The book is essential reading for any serious medical law student or practitioner, as well as being of interest to all those involved in the delivery and regulation of modern health care. New or updated material includes: a new chapter bringing together the range of ethico-legal issues affecting children, including minors and consent, data protection and research with children; detailed discussion of the high-profile court decisions involving Charlie Gard and Alfie Evans regarding medically futile treatment of infants; consideration of the Supreme Court ruling in Darnley v Croydon Health Services and the implications for A&E departments and their duty of care to patients; discussion of updated GMC guidance on Confidentiality (2017); fully updated discussion of the case law and changes in regulation of international surrogacy; and consideration throughout of the of the General Data Protection Regulation, which came in May 2018.