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