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.

Thoroughly updated since the first edition of 1994, this volume contains a comprehensive account of Strasbourg case law and the underlying principles of the European Convention on Human Rights.

This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act. It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally. The Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison.

Has legislation over-reached itself? The contributors to this volume discuss whether the increase in legislative instruments of many kinds, often promoted with good intentions, may be progressively limiting both our individual and our communal freedoms. Contributors include Bernard Crick, Maurice Peston and James Ferman discuss this key idea in accessible and forthright style.

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.