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  • Cited by 21
  • Cited by
    Crossref Citations
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    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.
    Jewell, Amelia Dean, Kimberlie Fahy, Tom and Cullen, Alexis E. 2017. Predictors of Mental Health Review Tribunal (MHRT) outcome in a forensic inpatient population: a prospective cohort study. BMC Psychiatry, Vol. 17, Issue. 1,
    Wyder, Marianne Bland, Robert Herriot, Ann and Crompton, David 2015. The experiences of the legal processes of involuntary treatment orders: Tension between the legal and medical frameworks. International Journal of Law and Psychiatry, Vol. 38, Issue. , p. 44.
    Thom, Katey and Nakarada-Kordic, Ivana 2014. Mental Health Review Tribunals in Action: A Systematic Review of the Empirical Literature. Psychiatry, Psychology and Law, Vol. 21, Issue. 1, p. 112.
    Carney, Terry 2012. Australian mental health tribunals—‘Space’ for rights, protection, treatment and governance?. International Journal of Law and Psychiatry, Vol. 35, Issue. 1, p. 1.
    Abramowitz, Moshe Z. Bentov-Gofrit, Daphne Khawaled, Razek Bauer, Arie and Cohen, Tali 2011. Attitudes among medical and law students toward decision-making in regard to involuntary psychiatric hospitalization. International Journal of Law and Psychiatry, Vol. 34, Issue. 5, p. 368.
    Shah, Amar 2010. Is the Mental Health Review Tribunal Inherently Unfair to Patients?. Psychiatry, Psychology and Law, Vol. 17, Issue. 1, p. 25.
    Carney, Terry 2008. The mental health service crisis of neoliberalism — An antipodean perspective. International Journal of Law and Psychiatry, Vol. 31, Issue. 2, p. 101.
    Robertson, Michael D. and Walter, Garry 2008. Many Faces of the Dual-Role Dilemma in Psychiatric Ethics. Australian & New Zealand Journal of Psychiatry, Vol. 42, Issue. 3, p. 228.
    Nimmagadda, Srikanth and Jones, Christopher N. 2008. Consultant psychiatrists' knowledge of their role as representatives of the responsible authority at mental health review tribunals. Psychiatric Bulletin, Vol. 32, Issue. 10, p. 366.
    Campbell, James 2008. Stakeholders' views of legal and advice services for people admitted to psychiatric hospital. Journal of Social Welfare and Family Law, Vol. 30, Issue. 3, p. 219.
    Carney, Terry 2007. Mental health legislation in the commonwealth. Current Opinion in Psychiatry, Vol. 20, Issue. 5, p. 482.
    Beaupert, Fleur 2007. Mental Health Tribunals. Alternative Law Journal, Vol. 32, Issue. 4, p. 219.
    Diesfeld, Kate and Mckenna, Brian 2006. The Therapeutic Intent of the New Zealand Mental Health Review Tribunal. Psychiatry, Psychology and Law, Vol. 13, Issue. 1, p. 100.
    Smith, Douglas A. and Buckley, Peter F. 2006. Pharmacotherapy of delusional disorders in the context of offending and the potential for compulsory treatment. Behavioral Sciences & the Law, Vol. 24, Issue. 3, p. 351.
    Bauer, Arie Rosca, Paula Grinshpoon, Alex Khawalled, Razak and Mester, Roberto 2005. Regional psychiatric boards in Israel: Expectations and realities. International Journal of Law and Psychiatry, Vol. 28, Issue. 6, p. 661.
    Beumont, Pierre Beumont, Pierre Carney, Terry Beumont, Pierre and Carney, Terry 2004. Can Psychiatric Terminology be Translated into Legal Regulation? The Anorexia Nervosa Example. Australian & New Zealand Journal of Psychiatry, Vol. 38, Issue. 10, p. 819.
    Beumont, Pierre Beumont, Pierre Carney, Terry Beumont, Pierre and Carney, Terry 2004. Can Psychiatric Terminology be Translated into Legal Regulation? The Anorexia Nervosa Example. Australian & New Zealand Journal of Psychiatry, Vol. 38, Issue. 10, p. 819.
    Manovel, William 2001. Mental Illness is not a Crime: The Impact of the Adversarial Judicial System. Australasian Psychiatry, Vol. 9, Issue. 3, p. 219.
    Obomanu, W. and Kennedy, H. G. 2001. ‘Juridogenic’ harm: statutory principles for the new mental health tribunals. Psychiatric Bulletin, Vol. 25, Issue. 09, p. 331.
    Gibson, A. C. 2000. Medical roles in mental health review tribunals. British Journal of Psychiatry, Vol. 176, Issue. 05, p. 496.
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Doctors on tribunals: A confusion of roles

  • Genevra Richardson (a1) and David Machin (a1)
Extract
Background

Mental health review tribunals are required to apply legal criteria within a clinical context. This can create tensions within both law and psychiatry.

 Aims

To examine the role of the medical member of the tribunal as a possible mediator between the two disciplines.

 Method

Observation of tribunal hearings and panel deliberations and interviews with tribunal members were used to describe the role of the medical member.

 Results

The dual roles imposed on the medical member as witness and decisionmaker and as doctor and legal actor create formal demands and ethical conflicts that are hard, in practice, either to meet or to resolve.

 Conclusions

The structure for providing tribunals with access to expert psychiatric input and advice requires reconsideration.
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Copyright
COPYRIGHT: © 2000 The Royal College of Psychiatrists 
Corresponding author
Professor Genevra Richardson, Department of Law, Queen Mary and Westfield College, Mile End Road, London E1 4NS
Footnotes
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Declaration of interest

Funding received from the Economic and Social Research Council, award no. R000 237 006.

Footnotes
References
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Council on Tribunals (1983) Annual Report 1983–84. London: HMSO.
Department of Health (1996) Mental Health Review Tribunals in England and Wales. A Guide for Members. London: Department of Health.
Eastman, N. & Peay, J., (eds) (1999) Law Without Enforcement: Integrating Mental Health and Justice. Oxford: Hart.
Her Majesty's Stationery Office (1983) Mental Health Review Tribunal Rules (SI 1983, no. 942). London: HMSO.
King, M. (1993) The ‘truth’ about autopoiesis. Journal of Law and Society, 20, 218.
Mahon v. Air New Zealand (1984) AC 808.
Peay, J. (1989) Tribunals on Trial. Oxford: Clarendon Press.
R v. Mental Health Review Tribunal, ex p. Clatworthy (1985) 3 All ER 699.
Richardson, G. & Machin, D. (1999) A clash of values: MHRTs and judicial review. Journal of Mental Health Law, 1, 3–12.
Stone, A. (1994) Revisiting the parable: truth without consequences. International Journal of Law and Psychiatry, 17, 79–97.
Taylor, P., Goldberg, E., Leese, M., et al (1999) Limits to the value of mental health review tribunals for offender patients. Suggestions for reform. British Journal of Psychiatry, 174, 164–169.
Teubner, G. (1993) Law as an Autopoietic System. Oxford: Blackwell.
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  • Cited by 21
  • Cited by
    Crossref Citations
    Crossref logo
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.
    Jewell, Amelia Dean, Kimberlie Fahy, Tom and Cullen, Alexis E. 2017. Predictors of Mental Health Review Tribunal (MHRT) outcome in a forensic inpatient population: a prospective cohort study. BMC Psychiatry, Vol. 17, Issue. 1,
    Wyder, Marianne Bland, Robert Herriot, Ann and Crompton, David 2015. The experiences of the legal processes of involuntary treatment orders: Tension between the legal and medical frameworks. International Journal of Law and Psychiatry, Vol. 38, Issue. , p. 44.
    Thom, Katey and Nakarada-Kordic, Ivana 2014. Mental Health Review Tribunals in Action: A Systematic Review of the Empirical Literature. Psychiatry, Psychology and Law, Vol. 21, Issue. 1, p. 112.
    Carney, Terry 2012. Australian mental health tribunals—‘Space’ for rights, protection, treatment and governance?. International Journal of Law and Psychiatry, Vol. 35, Issue. 1, p. 1.
    Abramowitz, Moshe Z. Bentov-Gofrit, Daphne Khawaled, Razek Bauer, Arie and Cohen, Tali 2011. Attitudes among medical and law students toward decision-making in regard to involuntary psychiatric hospitalization. International Journal of Law and Psychiatry, Vol. 34, Issue. 5, p. 368.
    Shah, Amar 2010. Is the Mental Health Review Tribunal Inherently Unfair to Patients?. Psychiatry, Psychology and Law, Vol. 17, Issue. 1, p. 25.
    Carney, Terry 2008. The mental health service crisis of neoliberalism — An antipodean perspective. International Journal of Law and Psychiatry, Vol. 31, Issue. 2, p. 101.
    Robertson, Michael D. and Walter, Garry 2008. Many Faces of the Dual-Role Dilemma in Psychiatric Ethics. Australian & New Zealand Journal of Psychiatry, Vol. 42, Issue. 3, p. 228.
    Nimmagadda, Srikanth and Jones, Christopher N. 2008. Consultant psychiatrists' knowledge of their role as representatives of the responsible authority at mental health review tribunals. Psychiatric Bulletin, Vol. 32, Issue. 10, p. 366.
    Campbell, James 2008. Stakeholders' views of legal and advice services for people admitted to psychiatric hospital. Journal of Social Welfare and Family Law, Vol. 30, Issue. 3, p. 219.
    Carney, Terry 2007. Mental health legislation in the commonwealth. Current Opinion in Psychiatry, Vol. 20, Issue. 5, p. 482.
    Beaupert, Fleur 2007. Mental Health Tribunals. Alternative Law Journal, Vol. 32, Issue. 4, p. 219.
    Diesfeld, Kate and Mckenna, Brian 2006. The Therapeutic Intent of the New Zealand Mental Health Review Tribunal. Psychiatry, Psychology and Law, Vol. 13, Issue. 1, p. 100.
    Smith, Douglas A. and Buckley, Peter F. 2006. Pharmacotherapy of delusional disorders in the context of offending and the potential for compulsory treatment. Behavioral Sciences & the Law, Vol. 24, Issue. 3, p. 351.
    Bauer, Arie Rosca, Paula Grinshpoon, Alex Khawalled, Razak and Mester, Roberto 2005. Regional psychiatric boards in Israel: Expectations and realities. International Journal of Law and Psychiatry, Vol. 28, Issue. 6, p. 661.
    Beumont, Pierre Beumont, Pierre Carney, Terry Beumont, Pierre and Carney, Terry 2004. Can Psychiatric Terminology be Translated into Legal Regulation? The Anorexia Nervosa Example. Australian & New Zealand Journal of Psychiatry, Vol. 38, Issue. 10, p. 819.
    Beumont, Pierre Beumont, Pierre Carney, Terry Beumont, Pierre and Carney, Terry 2004. Can Psychiatric Terminology be Translated into Legal Regulation? The Anorexia Nervosa Example. Australian & New Zealand Journal of Psychiatry, Vol. 38, Issue. 10, p. 819.
    Manovel, William 2001. Mental Illness is not a Crime: The Impact of the Adversarial Judicial System. Australasian Psychiatry, Vol. 9, Issue. 3, p. 219.
    Obomanu, W. and Kennedy, H. G. 2001. ‘Juridogenic’ harm: statutory principles for the new mental health tribunals. Psychiatric Bulletin, Vol. 25, Issue. 09, p. 331.
    Gibson, A. C. 2000. Medical roles in mental health review tribunals. British Journal of Psychiatry, Vol. 176, Issue. 05, p. 496.
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Doctors on tribunals: A confusion of roles

  • Genevra Richardson (a1) and David Machin (a1)
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