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| Report
on the Review of the Mental Health (Scotland) Act 1984Footnotes Section
21 See Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582,
and Hunter v.Hanley, 1955 S.C. 200
2 Children (Scotland) Act 1995, s11
3 Adults with Incapacity (Scotland) Act 2000, s47(2)
4 Adults with Incapacity
(Scotland) Act 2000, s1(6)
5 Adults with Incapacity (Scotland) Act 2000, s47(7)
and s48(1)
6 1984 Act, s17(1)(a)
7 1984 Act, s17(1)(b)
8 Re T (adult
refused of medical treatment), [1992] 4 All ER 649, St George's Healthcare NHS
Trust v S [1998] 3 All ER 673
9 1984 Act, s98(3)(a)
10 Review of the
Mental Health Act 1983: Report of the Expert Committee (Department of Health,
1999) para.7.5
11 Reform of the Mental Health Act 1983: Proposals for Consultation
(Department of Health, 1999) pp32-33
12 Issued under cover of circular NHS/HDL(2000)16
13 Defined in s1 of the 1984 Act as ' a state of arrested or incomplete development
of mind not amounting to severe mental impairment which includes significant impairment
of intelligence and social functioning and is associated with abnormally aggressive
or seriously irresponsible conduct on the part of the person concerned'
14
1984 Act s17(1)(a)(i)
15 R v Secretary of State for Scotland, 1999 SLT 279
16 Ruddle v Secretary of State for Scotland, Lanark Sheriff Court, 2 August 1999
17 1984 Act, s27
18 1984 Act, s125-' "medical treatment" includes nursing,
and also includes care and training under medical supervision.
19 Community
Care: Care Programme Approach for people with severe and enduring mental illnesses
including dementia; SWSG Circular 16/96
20 Clinical Standards Board for Scotland
Draft Clinical Standards for Schizophrenia - June 2000
21 See sections 35A
to 35K of 1984 Act.
22 1984 Act, S35G
23 Mental Welfare Commission Annual
Report 1999-2000
24 Atkinson, J.M, Gilmour, W.H, Dyer, J.T. Hutcheson, F.
and Patterson, L., (1997) Consultants' views of leave of absence and Community
Care orders in Scotland, Psychiatric Bulletin 21 pp 91-94
25 1984 Act, s.84
26 1984 Act, s.24
27 1984 Act, s.26
28 1984 Act, s24
29 1984 Act,
s18
30 1984 Act, s20(1)(b)
31 1984 Act, s20(2)(c)
32 1984 Act, s125(1)
33 1984 Act, s9
34 The current directions are contained in Social Work Services
Group Circular SWS19/96
35 The same as you? A review of services for people
with learning disabilities. Scottish Executive (2000)
36 1984 Act, s19
37 Renewals of detention: 1984 Act, s30
38 The Mental Health (Class of Nurse)
(Scotland) Order 1994 (SI 1675)
39 1984 Act, s30.
40 1984 Act, s25
(2): 'the patient may be detained in the hospital for a period of 2 hours from
the time when he was first so detained or until the earlier arrival at the place
where the patient is detained of a medical practitioner'.
41 European Convention
on Human Rights Article 5 (4).
42 Winterwerp v Netherlands, EctHR Series A
No.33
44 1984 Act, s33 (5)
45 1984 Act, s33 (6)
46 Mental Health
Act 1983, s23 and Mental Health Act 1983 Code of Practice (1998), chapters 22
and 23
47 1984 Act, s33 (5)
48 1984 Act, s34 (1)
49 1984
Act, s34 (2)
50 1984 Act, s34 (3)and s.62(1) s60(2)
51 The Notes on
the Act state, at paragraph 32, that a s18 application is 'the normal means of
securing the compulsory admission of a patient to a hospital'.
52 Humphreys,
M. (1997) Non-consultant psychiatrists knowledge of emergency detention procedures
in Scotland. Psychiatric Bulletin 21, 631-635; Humphreys, M. (1998) Consultant
psychiatrists' knowledge of mental health legislation in Scotland. Medicine, Science
& the Law 38, 237-241; Humphreys, M. and Ryman A. (1996) Knowledge of emergency
compulsory detention procedures among general practitioners in Edinburgh: sample
survey. British Medical Journal 312, 1462-1463.
53 The sheriff has five
working days to approve an application or hold a hearing. In the case of short
term detentions, by contrast, s26A and s21 (3B and 3C) of the 1984 Act do allow
for limited extensions to the lengths of short term detentions (whilst the mental
health officer makes an application for long term detention, and whilst court
procedures are in train, respectively).
54 see Chapter 10
55 see Chapter
11
56 see Chapter 36
57 An Evaluation of secton 18 of the Mental Health
(Scotland) Act 1984 (Central Research Unit 2001) paragraphs 6-88.
58 1984
Act, s21
59 1984 Act, s113
60 Act of Sederent (Summary Applications, Statutory
Applications and Appeals etc. Rules) 1999, (SI 929), Rule 3.8.5(2)
61 1984
Act, s21(3A)
62 1984 Act, s21(3C)
63 Rule 3.8.3(1)
64 Rules 3,4 and
5
65 Rule 5(2)(b)
66 Under Rule 4(2)
67 Rule 6
68 The Advice and
Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations
2000, (S.I.109)
69 1984 Act s21(4)
70 Rule 2(2)
71 FV Ravenscraig
Hospital 1989 SLT 49
72 An evaluation of section 18 of the Mental Health (Scotland)
Act 1984 (Central Research Unit 2001)
73 A systematic review of research
relating to the Mental Health Act 1983 (Department of Health 1999)
74 See
Part V (sections 65-79) and Schedule 2 of the Mental Health Act 1983 for general
provisions regarding the powers and operation of MHRTs
75 Reform of the
Mental Health Act 1983: Proposals for Consultation (Dept. of Health 1999)
76 Mental Health Act 1983, s72(5)
77 Mental Health Act 1983, Schedule
2, para. 4
78 Mental Health Review Tribunals: Special Report, (Council on
Tribunals, 2000) Cmnd.4740
79 The Mental Health Review Tribunal Rules 1983
(S.I. 942), as amended by S.I. 1998, No.1189
80 ibid. Rule 21
81 Review
of the Mental Health Act 1983: Report of the Expert Committee (Department of Health
1999) 5.59-5.80
82 Reform of the Mental Health Act 1983: Proposals for Consultation
(Department of Health 1999), Chapter 4
83 Mental Health (Specified Treatments,
Guardianship Duties etc.) (Scotland) Regulations 1984, (SI 1494)
84 1984 Act
s102
85 Mental Health (Specified Treatments, Guardianship Duties etc.) (Scotland)
Regulations 1984, (SI 1494)
86 CRAG Working Group on Mental Illness Neurosurgery
for Mental Disorder (Scottish Office 1996)
87 see South West Hertfordshire
Health Authority v KB [1994] 2 F.C.R.1051 and B v Croydon Health Authority, The
Times, December 1, 1994
88 1984 Act s98(3)(b)
89 Mental Welfare Commission
Annual Report 1994-5, page 65
90 ECT: A Good Practice Statement, CRAG Working
Group on Mental Illness (Scottish Office 1997), chapter 7
91 Report of the
Committee of Inquiry into the Personality Disorder Unit, Ashworth Special Hospital,
Volume 1 1999, Cmnd. 4194-II
92 1984 Act, s31
93º 1984 Act, s31B
94 Reported in The Times, NOvember 5, 1997, The case is discussed in the Report
of the Committee of Inquiry into the Personality Disorder Unit, Ashworth Hospital,
volume 1 (1999) Cmnd. 4/94 - II
95 'Protecting and Using Patient Information-A
manual for Caldicott Guardians (Scottish Office 1999), page 27
96 The leading
English authorities are W v Egdell [1990] All ER 835 and R v Crozier (1990) the
Guardian 8th May. A paper on Confidentiality and Mental Health was produced for
the English Mental Health Act review by Professor J.V. McHale, and is available
on its website, at http://www.doh.gov.uk/menhlth.htm
97 NHS Circular No 1990 (Gen) 22
98 NHS MEL (1999) 19 |
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