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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly after-care and supervised community treatment orders. Relevant court cases are cited where appropriate.

Chapter

This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, including Cheshire West and the proposed liberty protection safeguards, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly aftercare and supervised community treatment orders. Relevant cases are considered.

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This chapter examines a notable feature of the English legal system that has waxed and waned over the last decades—civil preventive orders. These are orders that may be made by a court sitting as a civil court; orders that contain prohibitions created by the court as a response to conduct by the defendant; and orders the breach of which amounts to a criminal offence. Thus, civil preventive order involves a kind of hybrid or two-step process (first, the making of the order according to civil procedure and, secondly, criminal proceedings in the event of breach), which has several implications for the criminal process and for the rights of defendants. More recently their form has been altered and their use moderated.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses mental health law in the UK. It begins with a brief history of mental health law and policy. This is followed by discussions of: admission to the mental health system; treatment of the mentally ill under the Mental Health Act 1983; Deprivation of Liberty Safeguards (DoLS) and Cheshire West, and Community Treatment Orders. It also looks at the implications of the Human Rights Act and the UN Convention on the Rights of Persons with Disabilities (UNCRPD) for mental health law. It also considers the conclusions of the Independent Review of the Mental Health Act 1983.

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This chapter explains the aims of sentencing and types of sentence that may be imposed upon a convicted offender. The main sentencing options that are available to a court when an adult is convicted of a criminal offence include: absolute and conditional discharges, fines, community orders, and imprisonment. Custodial sentences include extended determinate sentences, the new sentence for offenders of particular concern, and life sentences. A custodial sentence has punishment as its primary purpose, whereas a community order focuses more on reform and rehabilitation. The chapter also outlines the key types of sentence that can be imposed upon youths and discusses restorative justice initiatives. It explores the various factors to which the judge or magistrates must have regard when passing sentence, including maximum/minimum sentences, the nature and seriousness of the offence, sentencing guidelines, and pre-sentence reports.

Chapter

This chapter explains the aims of sentencing and types of sentence that may be imposed upon a convicted offender. The main sentencing options that are available to a court when an adult is convicted of a criminal offence include: absolute and conditional discharges; fines; community orders; and imprisonment. Custodial sentences include extended determinate sentences, the new sentence for offenders of particular concern, and life sentences. A custodial sentence has punishment as its primary purpose, whereas a community order focuses more on reform and rehabilitation. The chapter also outlines the key types of sentence that can be imposed upon youths and discusses restorative justice initiatives. It explores the various factors to which the judge or magistrates must have regard when passing sentence, including maximum/minimum sentences, the nature and seriousness of the offence, sentencing guidelines and pre-sentence reports.

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This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

Chapter

Martin Hannibal and Lisa Mountford

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

Chapter

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.