Blackstones Guide to the Mental Health Act 2007

Paperback | October 1, 2008

byPaul Bowen

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This new Blackstone's Guide provides the full text of the Mental Health Act 1983 and the main provisions of the Mental Capacity Act 2005 as amended by the MHA 2007, as well as the remaining provisions of the 2007 Act, together with an expert chapter by chapter narrative clearly explaining theimpact of the new Act on the 1983 and 2005 Acts. Key changes introduced by the Mental Health Act 2007 include;- A new definition of 'mental disorder'- The abolishment of existing classifications of 'mental illness', 'psychopathic disorder', 'mental impairment' and 'severe mental impairment'- The abolishment of the existing exclusions for prosmicuity, immoral conduct, sexual deviancy etc.- A new requirement that 'appropriate treatment' be available for all forms of mental disorder before detention may be authorised, whilst removing the 'treatability' requirement for patients suffering from psychopathic disorder- A new power to control and treat patients in the community- Amendments to the 'nearest relative' provisions to bring them into line with the ECHR- A new framework of safeguards for incapacitated de facto detained 'Bournewood' patients (to amend the Mental Capacity Act)The narrative clearly explains how the Act amends the1983 Act and the 2005 Act, discusses the interface between the two, and the human rights implications of compulsory detention and treatment by reference to key cases such as Bournewood, IH, and Von Brandenburg. The Guide's accessible and clearlayout makes it an ideal quick reference text. The appendices include the full text of the Mental Health Act 1983 as amended by the 2007 Act as well as the remaining provisions of the Mental Health Act 2007.The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer timely and expert commentary on the meaning and effects of the legislation, plus a copy of the Act itself. The Guides are acost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

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This new Blackstone's Guide provides the full text of the Mental Health Act 1983 and the main provisions of the Mental Capacity Act 2005 as amended by the MHA 2007, as well as the remaining provisions of the 2007 Act, together with an expert chapter by chapter narrative clearly explaining theimpact of the new Act on the 1983 and 2005 A...

Paul Bowen is a barrister at Doughty Street Chambers (Call 1993) specialising in public law and human rights law, with a particular interest in the rights of individuals with physical and mental disabilities. He has lectured extensively on human rights and mental health law and publications include editorship of Judicial Review and Cr...

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Format:PaperbackDimensions:550 pages, 9.21 × 6.14 × 1.3 inPublished:October 1, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199217114

ISBN - 13:9780199217113

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Table of Contents

Part 1: Reform of the Mental Health Act 19831. Introduction2. Amendments to criteria for detention under the Mental Health Act 19833. Supervised Community Treatment4. Extending professional responsibilities under the Mental Health Act5. Changes to the 'nearest relative' provisions6. Compulsory treatment for mental disorder7. Other amendments to the Act8. Missed opportunitiesPart 2: 'Bournewood' and reform of the Mental Capacity Act 20059. Introduction10. The Mental Capacity Act 2005: a summary of its key provisions11. The new legal framework12. Standard authorisations13. Urgent cases14. Applications to the Court of Protection15. Representation of the detained person16. Medical treatment of patients detained under Schedule A117. Interface with the Mental Health Act 1983Appendix 2 - Mental Health Act 1983 as amended by the MHA 2007Appendix 2 - Key provisions of the Mental Capacity Act 2005 as amended by the MHA 2007Appendix 3 - Mental Health Act 2007 remaining provisions

Editorial Reviews

`"Those who use the book will benefit enormously from [the author's] detailed knowledge and illuminating analysis of an area of law which is as technically complex as it is socially important"'The Honourable Mr Justice Munby