This chapter explores the law in relation to mental health, and the concepts and principles engaged in its justification and critique. It compares the statutory frameworks across the UK jurisdictions, focusing first on the involuntary treatment of mental health problems, the legal criteria for when these powers may be used, and limitations or safeguards placed on those powers. It then discusses the legal rules which allow decisions to be taken on behalf of adults found to lack capacity to make decisions for themselves, discussing recent trends in case law relating to capacity and best interests. This chapter also considers relevant human rights instruments and their impact on the legal framework, focusing on Article 5 ECHR (the right to liberty), its interpretation in UK law, the impact of the UK Supreme Court Cheshire West (2014) case, and the relationship between mental health law and the UN Convention on the Rights of Persons with Disabilities. The chapter concludes by discussing current programmes of reform in the area.
Chapter
10. Mental Health Law
A. M. Farrell and E. S. Dove
Chapter
8. Mental health
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.
Chapter
10. Sex crime
Terry Thomas
This chapter examines the nature of sexual offending and the forms it takes, as well as the enhanced social response being made. The discussions cover forms of sexual offending; criminal processes; civil measures for public protection; public access to the sex offender register; and mental health and sexual offending.
Book
Jo Samanta and Ash Samanta
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. Medical Law Concentrate provides a study and revision guide aiming to cover the essential aspects of this rapidly changing field of law. Topics covered include: the contemporary healthcare environment; medical negligence; consent; confidentiality; and access to medical records. The volume also looks at abortion and prenatal harm, assisted reproduction, clinical research, and organ transplantation. Finally, it covers mental health law and the end-of-life decisions. The work is underpinned by reference to statutory provisions and the common law. Where appropriate, pertinent bioethical and moral principles that often underpin the law in this area are discussed, as well as the influence of quasi-law. Reference is made to key points of comparison with other jurisdictions, as well as some socio-legal considerations.
Chapter
15. Revision and assessment
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This Chapter provides guidance on revision and assessment. It provides guidance on how to plan for effective revision, including time management techniques and memory aids. Engagement, and motivation, and how they link to success, is covered. Guidance is given about wellbeing and mental and physical health, including disability support. Suggestions are provided about how to respond to feedback and practice resilience. The role and importance of assessment criteria is highlighted. Information is provided about different types of assessment, including traditional assessment methods such as exams, courseworks and dissertations, together with more contemporary methods of assessment such as online exams, MCQs and SBAQs, projects, presentations and reflective portfolios. Other relevant contemporary issues, such as the rise in cheating and grade inflation, are discussed. Guidance is provided about good exam technique, including timing, observing word limits, clarity of communication, focus and stamina.
Chapter
5. Deprivation of Liberty under the Mental Capacity Act 2005
This chapter discusses amendments to the Mental Capacity Act (MCA 2005), introduced in the Mental Health Act 2007, which are generally known as the Deprivation of Liberty Safeguards (DOLS). It begins with an overview of the DOLS and then considers the triggering issue for the applicability of the DOLS, namely whether there is a deprivation of liberty. The chapter outlines the six requirements for application of the DOLS: (i) age requirement; (ii) mental health requirement; (iii) mental capacity requirement; (iv) best interests requirement; (v) no refusals requirement; and (vi) eligibility.
Book
Anne-Maree Farrell and Edward S. Dove
This classic textbook, now in its 40th year, focuses on medical law and its relationship with medical ethics and practice. It provides thorough coverage of key topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study. The textbook covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses. It presents a diversity of views in ethical debates, provides analysis of significant new cases and key legislative developments, and encourages students to explore and form their own opinions on contested issues in medical law. It adopts a UK-wide approach to the examination of medical law, taking account of the impact of devolution and Brexit, as well as the influence of international policy and legal developments in shaping medical law in the UK. Among other updates to this edition include brand new ethics chapters that introduce students to concepts, theories, and tools that frame interpretation and analysis of medical law, as well as new or revised chapters in the governance of the UK health system, public health, the regulation of health and social care professionals, and mental health.