Examining the legal structure of the mental health system, this book explains the legal principles. It places them in the context of their practical application, the realities of patient life, and the complexities of organising care. This edition gives an analysis of the Mental Capacity Act, 2005 and the Draft Mental Health Bill.
Trainees consistently mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice.
Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. This accessible resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help.
It has long been known that the pathway through the criminal justice system for those with mental health needs is fraught with difficulty. This interdisciplinary collection explores key issues in mental health, crime and criminal justice, including: offenders' rights; intervention designs; desistance; health-informed approaches to offending and the medical needs of offenders; psychological jurisprudence, and; collaborative and multi-agency practice. This volume draws on the knowledge of professionals and academics working in this field internationally, as well as the experience of service users. It offers a solution-focused response to these issues, and promotes both equality and quality of experience for service users. It will be essential reading for practitioners, scholars and students with an interest in forensic mental health and criminal justice.
This major new work provides a comprehensive account of the law concerning mental health in England and Wales. Written and edited by a leading group of national and international authorities this book presents a detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Trainees consistently mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice.
This publication is a practical guide to the law on mental health issues that arise within the criminal justice framework in New South Wales. It offers comprehensive coverage and clear explanations of all of the important topics in this field and is an ideal resource for lawyers, mental health professionals, correctional health personnel, and anyone else engaged in the fields of criminal law and forensic mental health, or students with an interest in pursuing studies or a career in these areas. All chapters have been fully revised, updated and, in many cases, significantly expanded. The operation of the Mental Health Act 2007 and the Mental Health (Forensic Provisions) Act 1990 is dealt with in detail. New to this edition are the chapters on the management of forensic and correctional patients, infanticide, and a comprehensive chapter on the assessment and management of risk, including a section on the Crimes (Serious Sex Offenders) Act 2006.
Following the success of its first edition, this book further examines the issues a mentally disordered accused is likely to encounter from arrest to sentencing. The book provides a succinct overview of the key topics that judges, Crown and defence counsel, and mental health providers face in their work with mentally disordered offenders.