Mental Health Law: Policy and Practice

Front Cover
OUP Oxford, 2013 - Law - 669 pages
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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Contents

1 Conceptualising Mental Health Law
1
2 An Overview of the Contemporary Mental Health System
36
3 Community Care
101
4 The Mental Capacity Act 2005
162
5 Deprivation of Liberty under the Mental Capacity Act 2005
201
6 Civil Detention under the Mental Health Act 1983
236
7 Policing Mental Disorder
278
8 Mental Disorder and Criminal Justice
331
9 Medical Treatment
397
10 Control in the Community
435
11 Ending Compulsion under the Mental Health Act 1983
495
12 Legal Responses and Advocacy for Clients
565
Bibliography
603
Index
641
Copyright

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About the author (2013)


Peter Bartlett, Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law, University of Nottingham,Ralph Sandland, Associate Professor in Law, University of Nottingham

Peter Bartlett is Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law in the Faculty of Social Sciences, University of Nottingham

Ralph Sandland is Associate Professor in the Faculty of Social Sciences, University of Nottingham

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