Abstract
<p>This article looks at the role of compulsion in mental health law as it applies to civil patients. It starts by setting out the existing position and the Government’s proposals for reform as set out in the current Green Paper “Reform of the Mental Health Act 1983”. It goes on to consider principles which might be relevant to this area of law and the application of these to the Government proposals. Finally, it looks at the relevance of the European Convention on Human Rights.</p>
Highlights
Compulsion lies at the heart of the Mental Health Act 1983 which provides both for compulsory detention and compulsory treatment
Key powers under existing law are: 1. A non-renewable power to detain a person in hospital for assessment for up to 28 days on the grounds that they are suffering from a mental disorder which warrants such detention in the interests of their own health or safety or with a view to the protection of other persons
A renewable power to detain a person in hospital for treatment for up to 6 months initially on the grounds that they are suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment which warrants such detention in the interests of their own health or safety or the protection of other persons and treatment cannot be provided unless they are so detained
Summary
This article looks at the role of compulsion in mental health law as it applies to civil patients. It starts by setting out the existing position and the Government’s proposals for reform as set out in the current Green Paper “Reform of the Mental Health Act 1983”1. It goes on to consider principles which might be relevant to this area of law and the application of these to the Government proposals. It looks at the relevance of the European Convention on Human Rights
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
