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Mental health law across the UK

  • Tony Zigmond
Summary

The criteria governing medical treatment without consent in the three legal jurisdictions of the UK – England and Wales, Scotland and Northern Ireland – is discussed.

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Copyright
This is an open-access article published by the Royal College of Psychiatrists and distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Corresponding author
Tony Zigmond (aszigmond@me.com)
Footnotes
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See current practice, pp. 353–357, this issue.

Declaration of interest

None.

Footnotes
References
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1 Jones, K. Mental Health and Social Policy, 1845–1959. Routledge, reprinted 1998.
2 Zigmond, AS. Medical incapacity act. Psychiatr Bull 1998; 22: 657–8.
3 Szmukler, G, Holloway, F. Mental health legislation is now a harmful anachronism. Psychiatr Bull 1998; 22: 662–5.
4 Szmuckler, G, Daw, R, Dawson, J. A model law fusing incapacity and mental health legislation. J Ment Health Law 2010; doi: http://dx.doi.org/10.19164/ijmhcl.v0i20.232. Available at: http://www.northumbriajournals.co.uk/index.php/IJMHMCL/article/view/232
5 Richardson, G. Report of the Expert Committee: Review of the Mental Health Act 1983. Department of Health, 1999.
6 Millan, B. New Directions: Report on the Review of the Mental Health (Scotland) Act 1984. Scottish Executive, 2001.
7 Department of Health Northern Ireland. The Bamford Review of Mental Health and Learning Disability (Northern Ireland): A Comprehensive Legislative Framework. Department of Health Northern Ireland, 2007.
8 S. v McC., W. v W. [1972] A.C. 24, 43.
9 Re T (Adult: Refusal of Medical Treatment) [1992] 4 All ER 649.
10 Re B (Adult: Refusal of Medical Treatment) [2002] 2 All ER 449.
11 Lord Hunt. Mental Health Bill. Hansard, 2 July 2007, Column 823.
12 Lynch, G, Campbell, P, Taggart, C. Mental Capacity Act (Northern Ireland) 2016. BJPsych Bulletin 2017; doi: 10.1192/pb.bp.117.056945 (ePub ahead of print).
13 Royal College of Psychiatrists. Whole-person Care: From Rhetoric to Parity. Achieving Parity between Mental and Physical Health (Occasional Paper OP88). Royal College of Psychiatrists, 2013.
14 Boggan, S. Miss, B: She smiled after her historic victory. But there was no joy, for now she is set to die. The Independent 2002; 23 March (http://www.independent.co.uk/news/uk/crime/miss-b-she-smiled-after-her-historic-victory-but-there-was-no-joy-for-now-she-is-set-to-die-9227211.html).
15 Earl Howe. Mental Health Bill. Hansard, 2 July 2007, Column 825.
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BJPsych Bulletin
  • ISSN: 2056-4694
  • EISSN: 2056-4708
  • URL: /core/journals/bjpsych-bulletin
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Mental health law across the UK

  • Tony Zigmond
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