Mental health law in England and Wales : a guide for mental by Paul Barber; Robert Brown; Debbie Martin; Great Britain

By Paul Barber; Robert Brown; Debbie Martin; Great Britain

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Additional info for Mental health law in England and Wales : a guide for mental health professionals including the text of the Mental Health Act 1983 as amended by the Mental Health Act 2007

Example text

The purpose of the Reference Guide (one for England and one for Wales) is to explain the legal provisions of the Act rather than offer guidance to professionals and others on how it should be implemented in practice. Between them the Code and the Guide run to over 700 pages. Unlike its predecessor the Code of Practice for England, and to a lesser extent the Code for Wales, is written in a very approachable almost colloquial style. England’s Code contains boxed case examples of many practice points, particularly in relation to the Code’s principles.

The Reference Guide to the Mental Health Act (for England) As mentioned above, this document – prepared by the Department of Health – will replace the previous Memorandum. uk/publications. ” It also covers the secondary legislation and deals with the Act as it applies in England. The Guide when in final form has the potential to be an extremely useful point of reference. Some of the amendments to the 1983 Act are extraordinarily complex and difficult to understand. This applies in particular to the provisions of Part 4A dealing with the treatment of CTO patients while in the community.

Learning disability Although the definition of mental disorder has been simplified and broadened (so as to include some conditions not previously considered eligible for use of the Act’s powers) there is one area in which the complexity of the unamended Act has been retained, namely learning disability. ” As such it would clearly fall within the s1(2) definition of mental disorder. However, as a result of an amendment introduced during the Bill’s passage words familiar from the unamended Act were reintroduced (drawn from the old definition of mental impairment).

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