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Towards a New Mental Health Act: Sections 60 and 65 and the European Commission of Human Rights

Published online by Cambridge University Press:  02 January 2018

Robert Bluglass*
Affiliation:
Special Committee of Council for the Review of the Mental Health Act
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The Mental Health Act 1959 empowers a Crown Court (but not a Magistrates' Court) to make a Restriction Order when a Hospital Order is made and if it appears to the Court, having regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if released, that it is necessary for the protection of the public to do so. The Judge must hear oral evidence from one of the doctors recommending the Hospital Order.

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The College
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Copyright
Copyright © Royal College of Psychiatrists, 1981
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