Abstract

<p>The British Government published a draft Mental Health Bill for England and Wales on 26 June 2002. Its publication was preceded by a White Paper in December 2000, a Green Paper in November 1999, and a report prepared by a committee chaired by Professor Genevra Richardson.</p><p>The focus of the Bill is on risk management and compulsion in the community. It has been widely condemned by professional bodies, and by carers and patient groups. The nature of the criticism is that the proposals are unprincipled and impractical.</p><p>It is important to establish whether this is so. The purpose of this paper is to analyse the Government’s case for change and, having done that, to analyse the new civil powers of detention and compulsory treatment.</p>

Highlights

  • The British Government published a draft Mental Health Bill for England and Wales on 26 June 2002.1 Its publication was preceded by a White Paper in December 2000,2 a Green Paper in November 1999,3 and a report prepared by a committee chaired by Professor Genevra Richardson.[4]

  • According to the Government, the existing Mental Health Act does not adequately protect people from the significant risk posed by a minority of patients

  • Violence has much more to do with education, upbringing, alcohol, drugs and testosterone than mental illness

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Summary

Introduction

The British Government published a draft Mental Health Bill for England and Wales on 26 June 2002.1 Its publication was preceded by a White Paper in December 2000,2 a Green Paper in November 1999,3 and a report prepared by a committee chaired by Professor Genevra Richardson.[4]. ** Solicitor, Visiting Professor in Mental Health Law, Northumbria University, Former Mental Health Act Commissioner, Author ‘Mental Health Review Tribunals – Law and Practice’, Sweet and Maxwell

Review of the Expert Committee
17 Thomas Jefferson
22 Thomas Jefferson
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