Principles of Mental Health Law and Policy

1. Auflage 2010
ISBN: 978-0-19-927936-4
Verlag: Hurst & Co.

Buch, Englisch, 1104 Seiten, Format (B × H): 249 mm x 175 mm, Gewicht: 1833 g

Principles of Mental Health Law provides a comprehensive account of the law concerning mental health in England and Wales. From the historical backdrop to the current law in the area it provides detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007. The regulation of care and treatment in hospital and the community is explored. The book also goes beyond the legislation to explore the legal and

regulatory challenges in the area of mental health in a range of areas from confidentiality and privacy to causation and limitation. The chapters are written by leading national and international authorities in the area of mental health.

Zielgruppe

Legal Practitioners and Academics working in medical and mental health law. The book will also be of interest to Postgraduate Students, NHS organisations and Health Policy Makers

Autoren/Hrsg.

Gostin, Lawrence

Mchale, Jean

Fennell, Philip

MacKay, Ronald D

Bartlett, Peter

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. History and Context of Mental Health Law and Policy
1: Peter Bartlett and Philip Fennell: History, Policy and Regulation
2: Philip Fennell: Mental Disorder
3: Lance Gable and Lawrence Gostin: Human Rights
4: Peter Bartlett, Philip Fennell and Jean McHale: Capacity
2. The Mental Health System: Advocacy, Services and Accountability
5: Jean McHale: The Legal Regulation of Mental Health Services in the NHS
6: Jean McHale: Scrutiny of Standards in Mental Health Services
7: Luke Clements: Social Services
8: Nicola Glover-Thomas and Judith Laing: Mental Health Professionals
9: Kirsty Keywood: Nominated Person/Advocates
10: Jonathan Herring: Carers
11: Philip Fennell: Tribunal Structure
3. Care and Civil Compulsion: Assessment, Supervision and Treatment
12: Peter Bartlett: Informal Admission
13: Peter Bartlett: Civil Confinement
14: Nell Munro: Treatment
15: John Dawson: Supervised Community Treatment Orders
16: Philip Fennell: Discharge from Hospital
17: Philip Fennell: Removal and Return of Patients and Repatriation of Prisoners
18: Ralph Sandland: Children
4. The Criminal Justice System
19: Philip Fennell: Powers of the Police and the Decision to Prosecute
20: Ronnie Mackay: Mental Disability at the Time of the Offence
21: Ronnie Mackay: Mental Disability at the Time of the Trial
22: Philip Fennell: Mental Disability and the Sentencing Decision
23: Ronnie Mackay: Transfer to Hospital
5. Patient Protection, Rights and Disabilities
24: Jean McHale: Privacy
25: Philip Fennell: Rights and Disabilities of Patients
26: Jean McHale: Mental Health, Mental Capacity and Research
27: Philip Fennell and Lawrence Gostin: Disability Discrimination
28: Philip Fennell: Offences

Über Autor(innen)

Larry Gostin is Associate Dean and the Linda D. and Timothy J. O'Neill Professor of Global Health Law at the Georgetown University Law Center, where he directs the O'Neill Institute for National and Global Health Law. He is also Professor of Public Health at the Johns Hopkins University and Director of the Center for Law & the Public's Health at Johns Hopkins and Georgetown Universities. Larry Gostin is Visiting Professor of Public Health (Faculty of Medical
Sciences) and Research Fellow (Centre for Socio-Legal Studies) at Oxford University. He is the Health Law and Ethics Editor, Contributing Writer, and Columnist for the Journal of the American Medical Association.

Following two degrees in philosophy at the University of Toronto, Peter Bartlett read law at Osgoode Hall Law School of York University, Canada. After his call to the bar in 1988, he served as Law Clerk to the Justice of the Ontario High Court and then as research associate to the Ontario Enquiry on Mental Competency. He obtained his doctorate in 1993, and joined the School of Law at the University of Nottingham, where in April 2005 he was appointed to the Nottinghamshire Healthcare NHS Trust
Chair in Mental Health Law. His major research and teaching interests lie in the areas of socio-legal history (particularly as it relates to queer studies and to mental health), and health care law (particularly mental health law).

Philip Fennell is a Professor of Law in Cardiff Law School, University of Wales, College of Cardiff, where he teaches Medical Law, Public Law and Human Rights. He has published many articles on law and psychiatry. His book entitled Treatment Without Consent: Law, Psychiatry and the Treatment of Mental Disorder since 1845, was published by Routledge in 1996. Philip Fennell is a member of the Law Society's Mental Health and Disability Committee and was a member of the Mental Health Act
Commission from 1983-1989. From November 2004 to March 2005 he served as specialist legal adviser to the Joint Parliamentary Scrutiny Committee on the Draft Mental Health Bill 2004. In November 2006 he was appointed specialist legal adviser to the Parliamentary Joint Committee on Human Rights for the
Committee's scrutiny of the Mental Health Bill 2006.

Jean McHale is Professor of Health Care Law and Director of the Institute of Medical Law at the University of Bimingham Law School. She has taught previously at the Universities of Leceister, East Anglia, Nottingham and Manchester. Her research interests are in the area of health care law. She is a member of the editorial board of the Medical Law Review

Ronald D. Mackay is Professor of Criminal Policy and Mental Health at Leicester De Montfort Law School. He specialises in Criminal Law, Medical Law, Law and Psychiatry and Mental Health Law and has written and published widely in these subject areas. He is one of the United Kingdom's leading experts on Mental Condition Defences and is author of the leading text on this subject entitled Mental Condition Defences in the Criminal Law (Oxford University Press 1995).