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Mental Health Law: Policy and Practice

Mental Health Law: Policy and Practice (4th edn)

Peter Bartlett and Ralph Sandland
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date: 06 October 2022

6. Civil Detention under the Mental Health Act 1983locked

6. Civil Detention under the Mental Health Act 1983locked

  • Peter BartlettPeter BartlettNottinghamshire Healthcare NHS Trust Professor of Mental Health Law, University of Nottingham
  •  and Ralph SandlandRalph SandlandAssociate Professor in Law, University of Nottingham

Abstract

This chapter examines detention under the Mental Health Act 1983 of people who have not become involved with the criminal system. It shows that traditional justifications for detention have focused on dangerousness to self or others and the need for care and treatment. In recent years a new model has emerged, advocating the combination of mental capacity law and mental health law; and the new United Nations Convention on the Rights of Persons with Disabilities also raises a whole new set of questions about compulsion and detention.

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