Book contents
- A Clinician’s Brief Guide to the Mental Health Act
- A Clinician’s Brief Guide to the Mental Health Act
- Copyright page
- Contents
- Preface to the First Edition
- Preface to the Second Edition
- Preface to the Third Edition
- Preface to the Fourth Edition
- Preface to the Fifth Edition
- List of Abbreviations
- Chapter 1 Setting the Scene, Statutory Law and the Common Law
- Chapter 2 The Human Rights Act in Clinical Practice
- Chapter 3 Capacity: The Mental Capacity Act and Deprivation of Liberty Safeguards
- Chapter 4 The Mental Health Act
- Chapter 5 The Mental Health Act: Part II (Civil Sections)
- Chapter 6 The Mental Health Act: Part III (Sections Relating to Courts and Prisons)
- Chapter 7 Community Treatment Orders
- Chapter 8 The Mental Health Act: Part IV (Consent to Treatment)
- Chapter 9 Appeals against Detention/Compulsion
- Chapter 10 Special Provisions in Relation to Minors
- Chapter 11 How to Become Section 12 Approved and/or an Approved Clinician
- Chapter 12 Reform of the Mental Health Act for England
- Book part
- References
- Index
Chapter 1 - Setting the Scene, Statutory Law and the Common Law
Published online by Cambridge University Press: 03 June 2022
- A Clinician’s Brief Guide to the Mental Health Act
- A Clinician’s Brief Guide to the Mental Health Act
- Copyright page
- Contents
- Preface to the First Edition
- Preface to the Second Edition
- Preface to the Third Edition
- Preface to the Fourth Edition
- Preface to the Fifth Edition
- List of Abbreviations
- Chapter 1 Setting the Scene, Statutory Law and the Common Law
- Chapter 2 The Human Rights Act in Clinical Practice
- Chapter 3 Capacity: The Mental Capacity Act and Deprivation of Liberty Safeguards
- Chapter 4 The Mental Health Act
- Chapter 5 The Mental Health Act: Part II (Civil Sections)
- Chapter 6 The Mental Health Act: Part III (Sections Relating to Courts and Prisons)
- Chapter 7 Community Treatment Orders
- Chapter 8 The Mental Health Act: Part IV (Consent to Treatment)
- Chapter 9 Appeals against Detention/Compulsion
- Chapter 10 Special Provisions in Relation to Minors
- Chapter 11 How to Become Section 12 Approved and/or an Approved Clinician
- Chapter 12 Reform of the Mental Health Act for England
- Book part
- References
- Index
Summary
The law, like medicine, is full of ‘ifs’ and ‘buts’, with ‘not yet determined’ in place of the medical ‘not yet known’. In that it is ‘man-made’ it is simpler than medicine, but it has the added complication that it does not remain static, being amended by Parliament and the courts as the attitudes of society change. Although some questions have a clear answer, a ‘right’ or ‘wrong’ or ‘lawful’ or ‘unlawful’, most do not. Rarely, this is because there is no law. More commonly, it is because the law could be interpreted in several ways and, as yet, there hasn’t been a relevant court case or, as will be seen, there have been many cases with different judges interpreting the law in different ways.
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- Publisher: Cambridge University PressPrint publication year: 2022