Mental Health Law: Policy and Practice
Written by two of the country's leading specialists in mental health law, this book provides a detailed overview of the law and the socio-legal, historical, sociological, and cultural issues that surround it. Mental health law, at its heart, involves the forcible confinement and medication of some of society's most vulnerable people, and the authors look closely at the legal and social issues raised by this, and the human rights of those who suffer from mental illness. With reference to recent cases and new legislation, Peter Bartlett and Ralph Sandland analyse the legal structure and functions of the mental health system, and the problems of characterizing mental health law. The case law and statutes contain implied premises as to what it is to be a citizen, what the role of the state is for the vulnerable, and what the relative roles of law and medicine are in the regulation of control and deviance. Mental health law is an area of considerable legal and social complexity, and the authors challenge readers to question the system and the policies that have been developed.
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1 Conceptualising Mental Health Law
2 An Overview of the Contemporary Mental Health System
3 Community Care
4 The Mental Capacity Act 2005
5 Deprivation of Liberty under the Mental Capacity Act 2005
6 Civil Detention under the Mental Health Act 1983
7 Policing Mental Disorder
8 Mental Disorder and Criminal Justice
accommodation Admin admission AMHP application appropriate assessment authority best interests breach capacity law cent Chapter client Commission consent Court of Appeal criteria CRPD decision Department of Health deprivation of liberty detained patients detention discharge doctor DOLS duty ECHR effect EHRR EWCA Civ EWCA Crim EWHC example further guardianship Health Review Tribunal held HM Prison Service Home Office hospital order individual involved issue Justice Secretary lacking capacity leave London Lord LSSA medical treatment mental disorder Mental Health Act mental health law Mental Health Review mental health system mental illness MHAC Ministry of Justice nearest relative NHS Foundation Trust NHS Trust NHSCCA offence ofliberty ofthe paras police powers prison professional psychiatric question reason relevant person remand responsibility restricted patients restriction order risk service users SOAD statutory TCEA tion transfer UKHL