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Chapter 1 - Introduction

Published online by Cambridge University Press:  17 June 2019

By
Rebecca Jacob  and
Anthony Holland
Edited by
Rebecca Jacob ,
Michael Gunn  and
Anthony Holland
Rebecca Jacob
Affiliation:
University of Cambridge
Michael Gunn
Affiliation:
Staffordshire University
Anthony Holland
Affiliation:
University of Cambridge
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Summary

The Mental Capacity Act 2005 (MCA) received Royal Assent in April 2005, coming into force during 2007 (MCA, 2005). The MCA incorporates into statute, principles and practices that had been established, through case law, over the years. It sets out how mental capacity is defined in law and how ‘best interests’ should be ascertained when a person lacks the requisite capacity to make the decision in question.

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Type
Chapter
Information
Mental Capacity Legislation
Principles and Practice
 , pp. 1 - 12
Publisher: Cambridge University Press
Print publication year: 2019

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References

References

Adults with Incapacity (Scotland) Act (2000) London: HMSO.Google Scholar
Alghrani, A., Case, P. & Fanning, J. (2016) Editorial: The Mental Capacity Act 2005 – ten years on. Medical Law Review, 24, 311–317.Google Scholar
Beauchamp, T. L. & Childress, J. (2001) Principles of Biomedical Ethics. 5th edn. Oxford University Press.Google Scholar
BMA Consent to Treatment: Adults with Capacity. www.bma.org.uk/advice/employment/ethics/medical-students-ethics-toolkit/6-consent-to-treatment-capacity (updated February 2018).Google Scholar
Department of Constitutional Affairs (2007) Mental Capacity Act 2005, Code of Practice. London: HMSO.Google Scholar
Department of Health (1999) Review of the Mental Health Act 1983: Report of the Expert Committee. London: Department of Health.Google Scholar
Dimond, B. (2008) Legal Aspects of Mental Capacity. Wiley-Blackwell.Google Scholar
Harris, J. (1985) The Value of Life: An Introduction to Medical Ethics. Routledge.Google Scholar
Hogget, B. (1994) Mentally incapacitated adults and decision-making: The Law Commission’s Project. In: Decision-Making and Problems of Incompetence (ed. Grubb, A.), pp. 27–40. John Wiley & Sons.Google Scholar
Holland, A. J. (2010) The model law of Szmukler, Dawson and Daw – the next stage of a long campaign? Journal of Mental Health Law (Special Issue: (Ed. Richardson, G.), A Model Law Fusing Incapacity and Mental Health Legislation – Is It Viable; Is It Advisable? Northumbria Law Press.Google Scholar
The Human Rights Act 1998: Legislation.gov.uk.Google Scholar
Independent Review of the Mental Health Act (2018) Interim Report, www.gov.uk/government/publications/independent-review-of-the-mental-health-act-interim-report.Google Scholar
Kirby, M. D. (1983) Informed consent: What does it mean? Journal of Medical Ethics, 60, 74–75.Google Scholar
Law Commission (1991) Mentally Incapacitated Adults and Decision-Making: An Overview (Consultation Paper No. 119). HMSO.Google Scholar
Mason, J. K. & Laurie, G. T. (2006) Mason and McCall Smith’s Law and Medical Ethics. 7th edn. Oxford University Press. (When referring to this reference, we are specifically referring to chapters 1, 10 and 20, which are titled ‘Medical Ethics and Medical Practice’, ‘Consent to Treatment’, and ‘Mental Health and Human Rights’, respectively).Google Scholar
Medical Ethics Today (2004) British Medical Association Handbook of Ethics and Law.Google Scholar
Mental Capacity Act (MCA) (2005) London: HMSO.Google Scholar
Mental Capacity (Amendment) Bill [HL] 2017–2019, July 2018.Google Scholar
Mental Health Act (MHA) (1983) London: HMSO.Google Scholar
Mental Health Act 2007: Legislation.gov.uk.Google Scholar
Richardson, G. (1999) Review of the Mental Health Act 1983: Report of the Expert Committee. London: Department of Health.Google Scholar
Savulescu, J. (2003) Festschrift Edition of the Journal of Medical Ethics in Honour of Raanan Gillon. Journal of Medical Ethics, 29, 265–266 (as taken from Mason and McCall Smith’s Law and Medical Ethics textbook, 2006).Google Scholar
Szmukler, G. & Kelly, B. (2016) We should replace conventional mental health law with capacity-based law. The British Journal of Psychiatry, 209, 449–453.Google Scholar

Case law

GJ v. The Foundation Trust and others [2009] EWHC 2972 (Fam).Google Scholar
Marshall v. Curry [1933] Dominion Law Reports (DLR) 260. 3.Google Scholar
Murray v. McMurchy [1949].Google Scholar
P v. Cheshire West and Chester Council [2014] UKSC 19.Google Scholar
Re F (Mental Patient: Sterilisation) [1990] 2 AC 1.Google Scholar
Re T (Adult: Refusal of Medical Treatment) [1992] 4 ALL E.R. 649.Google Scholar
Schloendorff v. Society of New York Hospital [1914] 105 NE 92.Google Scholar

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