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Mental Health Act Manual
Mental Health Act Manual
22nd Edition
Practice Area:  Mental Health
ISBN:  9780414072497
Published by:  Sweet & Maxwell
Publication Date:  30 Sep 2019
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Mental Health Act Manual is an essential guide to the Mental Health Act 1983. A crucial insight tool for any professional working in mental health law, this specialist work reproduces the Act and its associated Rules and Regulations with annotations by Richard Jones.


New to this edition:

Legislation
  • An annotated version of the Mental Health Units (Use of Force) Act 2018 is reproduced.

Case Law
  • VS v St Andrew's Healthcare where the Upper Tribunal identified the test of capacity required by a patient to make an application to a tribunal.
  • Griffiths v Chief Constable of Suffolk Police where it was held that an AMHP was not negligent when deciding not to contact the patient's nearest relative in a situation where a decision had been taken not to make an application under s.2 in respect of the patient who went on to commit murder.
  • An NHS Trust v Y on the inability of a Code of Practice to create a legal obligation.
  • R. v Rendell on the differences in the legal regimes for release on life licence and for release on a restriction order.
  • Atudorei v Romania on when a person may be considered to have been “detained” for the purposes of art.5(1) of the European Convention on Human Rights.

Guidance
  • The recall of conditionally discharged restricted patients (Ministry of Justice).
  • Discharge conditions that amount to deprivation of liberty (HM Prison and Probation Service)
  • Authority to use medical leave (Ministry of Justice and HM Prison and Probation Service)

Commentary

Revisions to the commentary have been made in a number of areas including:
  • The interpretation of the "five year rule" in s.26(7) of the Act.
  • The power to detain a patient in the community after an application to detain him has been completed.
  • The "Who pays? guidance as it applies to s.117 of the Act.

Key features:
  • Written in a clear, practical style, designed to be accessible to both the medical and legal profession
  • User-friendly style: primary and secondary legislation is annotated in the Parts with the analysis of important contextual aspects of mental health law located in the Annexes
  • Readers benefit from the expertise and advice of one of the most highly respected individuals in the field
  • Includes all the relevant primary and secondary legislation on mental health law with detailed annotations
  • An annotated version of the Mental Health Units (Use of Force) Act 2018 is reproduced.Explains the impact of the 2007 Act, detailing how each section of the MHA 1983 has been affected.
  • Provides guidance on the Code of Practice.

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CONTENTS
PART 1 Mental Health Act 1983; 

PART 2 Delegated Legislation; 
  • Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005; 
  • Mental Health (Mutual Recognition) Regulations 2008; 
  • Mental Health (Conflicts of Interest) (England) Regulations 2008; 
  • Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008; 
  • Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008; 
  • Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008; 
  • Mental Health Act 1983 (Places of Safety) Regulations 2017; 

PART 3 Practice and Procedure; 
  • Civil Procedure Rules 1998; 
  • Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008; 
  • Practice Direction—First-Tier Tribunal, Health Education and Social Care Chamber, Statements and Reports in Mental Health Cases; 
  • Practice Direction—First Tier and Upper Tribunal, Child, Vulnerable Adult and Sensitive Witnesses; 
  • Practice Statement—Delegation of functions to registrars, tribunal case workers and authorised tribunal staff on or after 8 July 2016; 
  • First-Tier Tribunal, Health, Education and Social Care Chamber (Mental Health), Enforcement Procedure, Directions and Summonses; 

PART 4 Government Guidance; 
  • Extracts from the Code of Practice—Mental Health Act 1983; 

PART 5 Human Rights Act 1998; 

PART 6 Deprivations of Liberty—Mental Health Act 1983 or Mental Capacity Act 2005; 
  • APPENDIX A Further powers to restrain and/or detain mentally disordered patients; 
  • APPENDIX B High Security Psychiatric Services (Arrangements for Visits by Children) Directions 2013; 
  • APPENDIX C High Security Psychiatric Services (Arrangements for Safety and Security) Directions 2013; 
  • APPENDIX D Law Society Practice Note—Representation before mental health tribunals; 

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