This case commentary examines the UK Administrative Court decision in R (on the application of KB and others) v Mental Health Review Tribunal [2002] EWCA 639 (Admin). Stanley Burnton J in that case ruled that the State had breached the fundamental rights of compulsorily detained patients in failing to take effective steps to provide 'speedy' reviews in Mental Health Review Tribunals as to the lawfulness of their detention. This case note examines the content of the judgment and the future implications of this decision, having regard to the fact that such delays are commonplace, and of concern, are increasing through an established shortgage of medical tribunal members.

This book provides an authoritative combination of legal and administrative practice and procedure and the operation of mental health tribunals (MHRTs). It includes: . Case summaries of all important reported and unreported decisions. Explanatory chapter on medical terms and the interpretation of special investigations. Diagnostic guidelines for the major forms of mental disorder. Detailed guidance on preparation of cases. Important amendments made by the Crime (Sentences) Act 1997

This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‐makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Written specifically for Approved Mental Health Professionals (AMHPs), this book brings together key elements of the legislation, Code of Practice, Memorandum, Government Circulars and relevant case law and policy. It also discusses the role of an AMHP in the revised Mental Health Act, as well as the Key Competencies. This fully-revised fourth edition analyses updated legislation, case law and policy, while recent changes and cases covered include: - The revised English Code of Practice to the Mental Health Act - The revised Reference Guide to the Mental Health Act - A number of cases concerning the nearest relative - Clarification on personal accountability of the AMHP - Revisions to the tribunal report requirements in England - The impact of the Cheshire West case decisions in the Supreme Court An essential guide for practising AMHPs or those currently in training, this book contains extensive appendices which cover Mental Health Act Assessments, Practice Directions (first tier tribunal) and the AMHP Regulations for both England and Wales. It also includes checklists, case studies and exercises to aid practice and learning.

Over the past two decades, there has been increasing recognition of the ways in which disabled children and adults have been denied human and civil rights that others take for granted. In the year 2000, the Human Rights Act 1998 came into force. This book reviews the implications of the Act for disabled people. The book provides: an overview of key policy and legislative developments in the UK in relation to disabled children and adults in the post war period; an outline of the European Convention on Human Rights, The Human Rights Act 1998 and related procedures; an account of the ways in which disabled people's human rights have increasingly become a matter of concern and the implications of the Human Rights Act in relation to specific issues; a debate about the ways in which public bodies and practitioners within them can engage positively with the provisions of the Human Rights Act to develop better practice. Disabled people and human rights will be of interest to both disabled people themselves and organisations representing their interests, professionals whose work brings them into contact with disabled people, and students of social work, social care, disability studies and law.

This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom's Human Rights Act 1998. The third edition has been fully updated to include the last seven years of case law. Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail. All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.