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Changes to (un)fitness to plead and insanity proceedings
- Authors:
- MORRIS A. J., et al
- Journal article citation:
- Journal of Forensic Psychiatry and Psychology (The), 17(4), December 2006, pp.603-610.
- Publisher:
- Taylor and Francis
Significant changes to both unfitness to plead and the defence of insanity are hidden away in the Domestic Violence, Crime, and Victims Act 2004. These changes, which could easily be overlooked, are the subject of discussion in this paper.
Mental capacity in psychiatric patients: systematic review
- Authors:
- OKAI David, et al
- Journal article citation:
- British Journal of Psychiatry, 191(10), October 2007, pp.291-297.
- Publisher:
- Cambridge University Press
Mental capacity is central to legal and ethical debates on the use of compulsion in psychiatry. The aim was to describe the clinical epidemiology of mental incapacity in patients with psychiatric disorders, including interrater reliability of assessments, frequency in the psychiatric population and associations of mental incapacity. Cross-sectional studies of capacity to consent to treatment for psychiatric patients were systematically reviewed from Medline, EMBASE and PsycInfo databases. Information on the reliability of assessments, frequency and associations of mental incapacity was extracted. Out of 37 papers reviewed, 29 different capacity assessment tools were identified. Studies were highly heterogeneous in their measurement and definitions of capacity. Interrater reliabilities between tools were high. Studies indicate incapacity is common (median 29%) but the majority of psychiatric in-patients are capable of making treatment decisions. Psychosis, severity of symptoms, involuntary admission and treatment refusal were the strongest risk factors for incapacity. Mental capacity can be reliably assessed. The majority of psychiatric in-patients have capacity, and socio-demographic variables do not have a major impact but clinical ones do.
Critical perspectives on mental health
- Authors:
- COPPOCK Vicki, HOPTON John
- Publisher:
- Routledge
- Publication year:
- 2000
- Pagination:
- 216p.,bibliog.
- Place of publication:
- London
Seeks to explore and evaluate the claims of mainstream mental health ideologies and to establish what implications they critiques of these perspectives have for practice. Looks critically at the social, political and intellectual developments which have shaped psychiatric practice and the delivery of mental health services. By evaluating the impact on psychiatric thought of the social and political movements of the 1960's and 1970's, such as anti racism , anti psychiatry and radical feminism, the authors argue that these movements led to challenges to the legitimacy of psychiatry.
Risk assessment in psychiatry: a guide for lawyers
- Author:
- MAHENDRA B.
- Publisher:
- Family Law
- Publication year:
- 2008
- Pagination:
- 276p., bibliog.
- Place of publication:
- Bristol
This guidebook is designed for a non-specialist audience to understand the main concepts of in part I, the range of psychiatric orders, and in part II, risk assessment in psychiatry. The text is supported by 5 appendices detailing practice direction given by the Experts in Family Proceedings relating to children, the Disability Discrimination Act 1995 (Pt 1) and Mental Capacity Act 2005 (Pt 1), accounts of 4 court cases which illustrate key points of law and a selected bibliography. Also provided is a glossary and tables of all court cases and statutes, referenced in the text. In this book, risk assessment is defined as the evaluation of risk of aggression or untoward behaviour during proceedings, involving children, families, lawyers and other professionals. In addition, it is also viewed from the perspective of the risk of occurrence of psychiatric disorder, which has implications for employment, personal injury and mental health laws. Psychiatric topics and orders covered in detail in the 9 chapters of part I include diagnosis, intervention and treatment, dementias, schizophrenia, bipolar disorder, depression, anxiety, phobias, obsessive compulsive disorder, stress, substance misuse, gambling addiction, eating disorders, personality disorders, learning disabilities, autism, Aspergers syndrome, postnatal depression and other psychoses, and hypochondriacal neuroses such as Munchausens syndrome.
The early experience of consultant psychiatrists in application of the Mental Capacity Act: issues for black and minority individuals
- Authors:
- SHAH Ajit, et al
- Journal article citation:
- Ethnicity and Inequalities in Health and Social Care, 2(2), July 2009, pp.4-10.
- Publisher:
- Emerald
The Mental Capacity Act 2005 (MCA) was fully implemented in October 2007 in England and Wales. This article reports on two similar, but separate, pilot questionnaire studies that examined the experience of consultants in old age psychiatry and consultants in other psychiatric specialities in the early implementation of the MCA pertaining to issues relevant to black and minority ethnic (BME) groups. Fifty-two (27%) of the 196 consultants in old age psychiatry and 113 (12%) of the 955 consultants in other psychiatric specialities returned useable questionnaires. Eighty per cent or more of the consultants in old age psychiatry and consultants in other psychiatric specialities gave consideration to religion and culture and ethnicity in the assessment of decision-making capacity (DMC). Almost 50% of the consultants in old age psychiatry reported that half or more of the patients lacking fluency in English or where English was not their first language received an assessment of DMC with the aid of an interpreter and 40% of the consultants in other psychiatric specialities reported that no such patients received an assessment of DMC with the aid of an interpreter. The low rate of using interpreters is of concern. The nature of the consideration and implementation of factors relevant to culture, ethnicity and religion in the application of the MCA and the precise reasons for the low rate of using interpreters in patients lacking fluency in English or English not being their first language require clarification in further studies.
Deprivation of liberty safeguards: code of practice to supplement the main Mental Capacity Act 2005 code of practice: laid before Parliament in draft June 2008, pursuant to sections 42 and 43 of the Act
- Author:
- GREAT BRITAIN. Ministry of Justice
- Publisher:
- Stationery Office
- Publication year:
- 2005
- Pagination:
- 120p.
- Place of publication:
- London
The Deprivation of Liberty Safeguards were inserted into the Mental Capacity Act 2005 by the Mental Health Act 2007. They protect against the arbitrary detention of people who lack the capacity to consent to the arrangements made for their care or treatment and who need to be deprived of their liberty, in their own best interests and for their own safety, in either hospitals or care homes. They will rectify the breach of Article 5 of the European Convention on Human Rights identified by the European Court of Human Rights in HL v UK 2004 (the 'Bournewood' case).Section 42 of the Mental Capacity Act 2005, requires the Lord Chancellor to issue a Code of Practice to provide information and guidance on how the safeguards will work in practice. A draft version of the Code was published for full public consultation in 2007. 110 individuals and organisations responded and many of the suggestions and comments received have been incorporated into the final version. The Act requires a range of people to 'have regard' to the Code, for example anyone acting in a professional or paid role in relation to someone who lacks capacity, but it particularly focuses on those who have a duty of care to a person who lacks the capacity to consent to the care or treatment that is being provided, where that care or treatment may include the need to deprive the person of their liberty. The Code is intended to provide valuable information and guidance to all those covered by the Act and has been written to meet the needs of this wide and varied audience.
The Human Rights Act and mental health legislation
- Authors:
- BINDMAN Jonathan, MAINGAY Samantha, SZMUKLER George
- Journal article citation:
- British Journal of Psychiatry, 182(2), February 2003, pp.91-94.
- Publisher:
- Cambridge University Press
This article aims to: consider the relationship between previous judgements in the European Court of Human Rights and domestic mental health law; review mental health cases brought under the Human Rights Act in its first year; and discuss its possible impact on clinical practice.
Caring for people with severe mental illness: information for psychiatrists
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 1993
- Pagination:
- 13p.,bibliog.
- Place of publication:
- London