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Contents
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OFC
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Editorial Board
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| Introduction |
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The changing legal landscape governing mental health practice
After almost a decade of debate, sometimes acrimonious, the Mental Health Act 1983 was amended to create the Mental Health Act (MHA) 2007. The recommendations of the Richardson Committee (1999), set u...
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George Szmukler,
Gareth S. Owen
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463-464
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| Philosophy |
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Personal autonomy and mental capacity
Abstract: The Mental Capacity Act 2005 has put the assessment of mental capacity for decision-making at the forefront of psychiatric practice. This capacity is commonly linked within philosophy to (pe...
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Fabian Freyenhagen
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465-467
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What is mental disorder?
Abstract: The question of definition of mental disorder and the related question of its boundaries have been, and remain, of crucial importance in many contexts. Two approaches were evident from the b...
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Derek Bolton
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468-470
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Truth-telling in psychiatry
Abstract: Truth-telling has been part of one of the great bioethical shifts of the 20th century, from medical paternalism to respect for patient autonomy. Some argue that there are psychiatric cases w...
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Richard A.A. Kanaan
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471-472
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Criminal responsibility
Abstract: Despite our intuitions, there is no generally agreed definition of criminal responsibility. Here, the relevant English legal background, the mental condition defences, and the main philosoph...
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Simon Wilson
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473-475
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| Capacity and vulnerability |
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Mental capacity and psychopathology
Abstract: Mental capacity is a difficult yet fundamental concept that is becoming more influential in psychiatric practice. Assessment of mental capacity for research purposes has proven possible but ...
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Gareth S. Owen
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476-477
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The Mental Health Act and the Mental Capacity Act: untangling the relationship
Abstract: The Mental Health Act (1983) and the Mental Capacity Act (2005) (both amended by the Mental Health Act (2007)) together provide a comprehensive framework for the care and treatment of people...
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Daniel P. Herlihy,
Frank Holloway
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478-480
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Best interests
Abstract: The Mental Capacity Act 2005 provides the legal framework within which we must now make decisions for adults who lack capacity to make decisions for themselves. It lays out a statutory test ...
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Theresa Joyce
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481-483
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The duty to safeguard adults from abuse
Abstract: Policies and procedures for ‘adult safeguarding’ aim to protect adults against the harm posed to them by other individuals. In England, safeguarding adults from abuse is a public duty, and p...
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Michael C. Dunn,
Anthony J. Holland,
Isabel C.H. Clare
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484-486
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| Liberty and detention |
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Deprivation of liberty
Abstract: The Mental Capacity Act Deprivation of Liberty Safeguards have been introduced to provide a framework for people who are, or may become, deprived of their liberty. Here, I describe the backg...
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Ruth Cairns
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487-489
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Mental illness, dangerousness and protecting society
Abstract: The article reviews some of the possible factors, namely the existence of special legal provisions, the facility for compulsory treatment and the role of the media and academic publications,...
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Jill Peay
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490-492
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Community treatment orders
Abstract: In 2008, Community Treatment Orders (CTOs) became available under the amended Mental Health Act 2007 as a means of supervizing people with severe mental disorders in the community following ...
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Jorun Rugkåsa,
Tom Burns
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493-495
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| A human rights perspective |
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The United Nations Convention on the Rights of Persons with Disabilities and the future of mental health law
Abstract: The United Nations Convention on the Rights of Persons with Disabilities (CRPD) took effect on 3 May 2008. Here, I survey the content of the CRPD, noting that much of it will buttress existi...
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Peter Bartlett
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496-498
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