Mental Health Act Misc

Front 1

Section 11

Back 1

Anybody has the right to refuse medical treatment

Front 2

Reason why our law provides for compulsory psychiatric treatment in some circumstances

Back 2

Certain mental illnesses and conditions
->damage the capacity
to think clearly
-->and thereby damage the ability to exercise
sound judgment (as to whether or not to undertake treatment
for those illnesses and conditions)

Front 3

Failure to compulsory treat psychiatric patients who have lost the ability to think clearly and make sound judgments lead to...

Back 3

breach of their right to be appropriately cared for by the community

AND

breach of the wider community
-because w/o tx, some patients may pose a danger to the health&safety of others

Front 4

MHA: "Fit to be released from compulsory status" means...

Back 4

patient is no longer mentally disordered and is fit to be released from the requirement of assessment or treatment under this act

Front 5

Definition of Mental Disorder

Back 5

Mental disorder, in relation to any person,
[A]... means
-an "Abnormal state of mind" (whether of a continuous or an
intermittent nature),
--Characterized by delusion, or by disorders of mood or perception or volition or cognition,

[B]... of such a degree that it—
(a) Poses a serious danger to the health or safety of the
person or of others; or
(b) Seriously diminishes the capacity of that person to
take care of himself or herself

NB: definition has 2 limbs:
[A] first limb = Descriptive
[B] second limb = Consequences

A finding of mental disorder requires both
limbs to be satisfied

Problems:

Whilst the definition states "an abnormal state of mind must be characterized
by delusions and/or certain disorders"
-this DOESN'T EQUAL TO "when delusions and/or one or more of the stated disorders
exist, an abnormal state of mind must therefore exist"

Many terms are undefined
e.g 5 descriptors contained in the first limb are themselves undefined. delusions and disorders of mood, perception, volition and cognition.

Someone who indulges in
harmless behaviour is unlikely to be regarded as disturbed.
e.g. someone who sucks on paper clips vs someone who inserts them into urethra (not vs yes)