scholarly journals Detention – the grey area

1989 ◽  
Vol 13 (1) ◽  
pp. 12-13
Author(s):  
Oscar E. Daly
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
Large Degree ◽  
Mental Health Act ◽  
Sexual Deviancy ◽  
Grey Area ◽  
Management Procedures ◽  
The Government

In September 1978 the Government published a review of the Mental Health Act (1959). This review was prompted to a large degree by an increasing awareness of the rights of the mentally ill and by an awareness among psychiatrists of the limits of their management procedures. The proposals of this review were largely incorporated into the Mental Health Act (1983). Among the proposals so incorporated was one that persons could not be detained in hospital against their will for assessment or treatment “by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs”.

scholarly journals Reforming the Mental Health Act 1983: ‘Joined Up Compulsion’

2014 ◽  
Vol 1 (5) ◽  
pp. 5
Author(s):  
Philip Fennell
Keyword(s):  
Mental Health ◽  
Learning Disabled ◽  
Legal Framework ◽  
White Paper ◽  
Best Interests ◽  
Mentally Disordered ◽  
Mental Health Act ◽  
Risk Patients ◽  
The Government ◽  
Personality Disordered

<p>This article discusses the two volume White Paper <em>Reforming the Mental Health Act</em> issued by the Government in December 2000. The two volumes are separately titled <em>The New Legal Framework</em> and <em>High Risk Patients</em>. The foreword to the White Paper appears above the signatures of the Secretary of State for Health, Alan Milburn, and the Home Secretary, Jack Straw. This is heralded as an example of ‘joined up government’, and indeed one of the themes of the White Paper is the need for closer working between the psychiatric and criminal justice systems. The primary policy goal of the proposals is the management of the risk posed to other people by people with mental disorder, perhaps best exemplified in Volume One of the White Paper which proclaims that ‘Concerns of risk will always take precedence, but care and treatment should otherwise reflect the best interests of the patient.’ This is a clear reflection of the fact that the reforms are taking place against the background of a climate of concern about homicides by mentally disordered patients, whether mentally ill, learning disabled, or personality disordered.</p>

scholarly journals Workload implications of the proposed new Mental Health Act – an audit

2003 ◽  
Vol 27 (02) ◽  
pp. 54-57
Author(s):  
Sean Whyte ◽  
Clive Meux
Keyword(s):  
Mental Health ◽  
Clinical Care ◽  
White Paper ◽  
Law Reform ◽  
Clinical Implications ◽  
Health Law ◽  
Forensic Patients ◽  
Mental Health Act ◽  
The Government ◽  
Time Required

Aims and Method To estimate specific time and resource implications for professionals, if proposed changes to the Mental Health Act 1983 (England &amp; Wales) in the Government's white paper were to be implemented unchanged. An audit of time spent on current procedures was extrapolated. Results The amount of time required to comply with the Act will rise substantially (by 27% overall). Social workers and independent doctors will spend 30% and 207% more time respectively, complying with the Act, but psychiatrists providing clinical care to forensic patients should be largely unaffected. Clinical Implications If the Government presses ahead with its plans for mental health law reform as currently proposed, extra resources will be required to provide additional social work and independent medical time – or other services for patients will suffer.

scholarly journals Consent to Treatment by the Mentally Ill and Mentally Handicapped—An Anomaly in the Mental Health Act 1983

1983 ◽  
Vol 7 (8) ◽  
pp. 145-145 ◽  
Author(s):  
Bridgit C. Dimond
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
Short Term ◽  
Mentally Handicapped ◽  
Mental Health Act ◽  
Consent To Treatment

I would like to bring to light an apparent oversight in the new statutory rules relating to consent to treatment by the mentally ill and mentally handicapped. This will have very serious consequences for the management of patients who are on short-term detention orders. The provisions relating to consent to treatment set out in Part IV of the Mental Health Act 1983 are the first attempt to cover by statutory controls the doctor's clinical freedom to prescribe treatment for his compulsorily detained patient. In addition, certain of the new provisions (which take effect from 30 September 1983) apply to the voluntary patients as well.

The Spectre of Criminalization: Remand Admissions to the Forensic Psychiatric Institute, British Columbia, 1975–1990

1996 ◽  
Vol 36 (1) ◽  
pp. 59-64 ◽  
Author(s):  
Philip M J Brinded ◽  
Faye E Grant ◽  
Jeanette E Smith
Keyword(s):  
Mental Health ◽  
British Columbia ◽  
Mentally Ill ◽  
Psychiatric Institute ◽  
Mental Health Act ◽  
History Of ◽  
Forensic Psychiatric

The history of the Forensic Psychiatric Institute (FPI) of British Columbia is reviewed through a description of the 3,500 remand admissions to the Institute between 1975 and 1990. Individuals charged with only minor offences and those who were certified under the Mental Health Act 1983 and subsequently had their charges stayed are examined in more detail. Results appear to suggest that these two groups are particularly vulnerable to the process of criminalization. The possible link between criminalization of the mentally ill and deinstitutionalization is explored.

scholarly journals Definitions and criteria: the 2007 amendments to the Mental Health Act 1983

2010 ◽  
Vol 16 (3) ◽  
pp. 161-167 ◽  
Author(s):  
Tim Branton ◽  
Guy Brookes
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Medical Treatment ◽  
Psychological Treatment ◽  
Basic Structure ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Sexual Deviancy ◽  
Definition Of ◽  
Mental Capacity Act

SummaryThis article deals with the provisions for the lawful detention and compulsory treatment of patients in England and Wales. The 2007 amendments to the Mental Health Act 1983 redefine ‘mental disorder’ and ‘medical treatment’ and remove the classifications required for longer-term detention, abolishing the so-called ‘treatability test’ and introducing a new appropriate-treatment test. ‘Learning disability’ is brought within the definition of mental disorder but only if ‘associated with abnormally aggressive or seriously irresponsible conduct’. The exclusion for promiscuity, other immoral conduct or sexual deviancy is repealed; the exclusion for dependence on alcohol and drugs is retained. The revised definition of ‘medical treatment’ includes psychological treatment and removes the requirement that treatment is under medical supervision. The basic structure of the 1983 Act is retained. Use of the powers is discretionary. The principles of the Mental Capacity Act 2005 are imported into the decision-making framework through the wording of the Mental Health ActCode of Practice.

Psychotic Men Remanded in Custody to Brixton Prison

1994 ◽  
Vol 164 (1) ◽  
pp. 55-61 ◽  
Author(s):  
Graham Robertson ◽  
Susanne Dell ◽  
Katie James ◽  
Adrian Grounds
Keyword(s):  
Mental Health ◽  
Psychiatric Disorder ◽  
Hospital Admission ◽  
Mentally Ill ◽  
Medical Intervention ◽  
Present System ◽  
Major Psychiatric Disorder ◽  
Mental Health Act ◽  
Medical Referral

All referrals to medical officers in Brixton Prison over a five-month period in 1989 were examined. This paper reports the progress through this remand prison of those men who were considered to be suffering from a major psychiatric disorder. Many men had been charged with relatively minor offences. The net effect of medical intervention was to delay release from custody. Because of the administrative delays inherent in the system of medical referral and hospital admission under section 37 of the Mental Health Act 1983, it was those prisoners who were most ill who tended to remain in prison for the longest periods. Judged in terms of its efficiency to ensure speedy treatment for mentally ill remanded offenders, the present system is regarded as cumbersome and extremely inefficient. It is suggested that greater use should be made of section 48 of the 1983 Act to divert mentally ill, remanded offenders from prison.

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