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Mental Health Act Manual

Mental Health Act Manual
23rd Edition
Practice Area:  Mental Health
ISBN:  9780414078970
Published by:  Sweet & Maxwell
Publication Date:  31 Jul 2020
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:
Coronavirus Act 2020
  • The temporary amendments made to the Act by 2020 Act are noted throughout the text.
  • Reference is made to Practice Directions and guidance that have been issued subsequent to the pandemic.
  • Also included are the amendments made to the Tribunal Rules by the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020.
  • PS v R where the Court of Appeal considered the proper approach to sentencing offenders who suffer from autism or other mental health conditions.
  • JK v A Local Health Board and A Healthcare; B NHS Trust v CC, cases where Lieven J. considered the correct interpretation of s.63 of the Act.
  • AD'A v Cornwall Partnership NHS Trust on the Tribunal's jurisdiction where the patient's legal status changes.
  • SLL v Priory Heath Care and Secretary of State for Justice on the meaning of the "treatability test".
  • PM v Midlands Partnership NHS Foundation Trust on whether treatment is "available" for a CTO patient.
  • Re D (A Child) where the Supreme Court held that it is not within the scope of parental responsibility for parents to consent to a placement which deprived their 16 or 17 year old child of his or her liberty
  • SB v South London and Maudsley NHS Foundation Trust where the patient wished to change the legal representative that had been appointed for him by the Tribunal.
Other developments
  • An updated version of the Law Society's Practice Note on "Representation before mental health tribunals" is reproduced.
  • A consideration of whether electronic signatures can be used on statutory forms is included.
  • Extracts from Government guidance on "Transfers between Hospitals in England and Wales" are reproduced.
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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  • Mental Health Act 1983; 
  • 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; 
  • 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; 
  • Government Guidance; Extracts from the Code of Practice—Mental Health Act 1983; 
  • Human Rights Act 1998; 
  • Deprivations of Liberty—Mental Health Act 1983 or Mental Capacity Act 2005; 
  • Further powers to restrain and/or detain mentally disordered patients; 
  • High Security Psychiatric Services (Arrangements for Visits by Children) Directions 2013; 
  • High Security Psychiatric Services (Arrangements for Safety and Security) Directions 2013; 
  • Law Society Practice Note—Representation before mental health tribunals;
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