Joint Committee Report

A report of the Joint Committee on the Mental Health Bill 2022 was published this week.  MPs and members of the Lords have jointly considered the draft Bill ahead of its parliamentary procedure and published a 164-page report.  As you can imagine, it’s thorough, although I did look for comment on a few things which […]

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Immediate Need of Care

In several legal jurisdictions, the equivalent power to section 136 of the Mental Health Act 1983 involves the need for some kind of immediate threat or harm, perhaps involving disorder of some kind, albeit predicated on a person’s vulnerability due to mental illness.  Our nearest neighbours in the Republic of Ireland demonstrate this point well […]

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MHA & CJS

Another blog on request: this time from an AMHP who wants to give advice to others about the interface between assessment under the Mental Health Act 1983 and decisions in criminal law to prosecute an offender.  This dilemma presents most acutely in police custody when someone has been arrested for an offence and then assessed […]

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