‘Mental disorder’ is widely defined in the Act as ‘mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of the mind…’ (section 1)
3.
Part IV of the Act
4.
Code of Practice 2nd Edn, London: HMSO, 1993
5.
Paragraph 16.4
6.
P. 11
7.
Paragraph 15.12
8.
Patients detained can be detained under the ‘civil admission’ procedures under Part II of the Act or via the courts under Part III of the Act. The grounds for detention under s.3 are that the patient is suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment and the mental disorder is of a nature or degree that makes it appropriate for the person to be detained in hospital; and it is necessary for the health or safety of the person or for the protection of others that the person receives such treatment and it cannot be provided unless the person is detained under section 3. Where the person suffers from psychopathic disorder, such treatment must be likely to alleviate or prevent a deterioration of the person's condition.
9.
Under s.2, a person may be detained on the grounds that he or she is suffering from a mental disorder of a nature or degree that warrants detention in hospital for assessment or assessment followed by treatment and the person ought to be detained in the interests of the health or safety of the person or with a view to the protection of others.
10.
Patients detained under ss.5(2), 5(4), 35, 37(4), 135 and 136 are not subject to the compulsory treatment provisions.
11.
The Times. 30 June 1998
12.
13.
[1990] 2 AC 1
14.
2nd edn, 1993
15.
The Code is issued under s. 118 of the Act
16.
Paragraph 15.18
17.
Patients detained under 4, 5(2), 5(4), 35, 37(4), 135 & 136 are not subject to the compulsory treatment provisions
18.
Re MB Court of Appeal, [1997] 2 FLR 426
19.
Re MB Court of Appeal, [1997] 2 FLR 426
20.
Re MB Court of Appeal, [1997] 2 FLR 426
21.
Re MB Court of Appeal, [1997] 2 FLR 426
22.
[1994] 1 All ER 819
23.
[1994] 1 All ER 819
24.
Paragraph 15.11
25.
Paragraph 16.5
26.
Norman Fowler, Secretary of State for Health, Hansard, HC Debates, 22 March 1982; 20 (82): col 692-693
27.
Section 62 provides for emergency treatment where the procedures under ss.57 and 58 do not apply
28.
The procedures set out in ss.57 and 58 must be followed unless urgent treatment is required under s.62
29.
See P Fennell ‘Treatment without Consent: Law, Psychiatry and the Treatment of Mentally Disordered People since 1845’, Routledge (1996) at 211
30.
See ClarkKenneth, Minister for Health, Hansard, 22 March 1982; 20 (82)
31.
Re KB (1994) 19 BMLR 144
32.
(1994) 22 BMLR 13
33.
[1996] 1 FLR 762
34.
[1996] 1 FLR 762
35.
DolanBParkerCBewleySWhitfieldABastianHConroyC. Tameside & Glossop Acute Services Trust v CH (a patient) [1996] 1 FLR 762. BMJ1997; 314; 1183–1187
36.
7th Biennial Report1995–1997, London: The Stationery Office at 110
37.
See Re F [1990] 2 AC 1 and ‘Consent to Treatment — Summary of Legal Rulings’ EL(97) 32, June 1997
