Larry Gostin, Mental Health Services: Law and Practice (Shaw & Sons, supplement issue no 18, June 2000)
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Classic mental health law book The full text of this book is available on Mental Health Law Online.
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The book
Larry Gostin, Mental Health Services: Law and Practice (Shaw & Sons, supplement issue no 18, June 2000). Professor Lawrence Gostin and Shaw & Sons have kindly given permission for this book to be reproduced on Mental Health Law Online. The book is out of print and the law stated in it out of date, but it is being reproduced here for historical and academic interest.
I used two volumes from different sources, each updated to issue 18, to create one perfectly-updated version, and am 99% certain that all the scanned pages are the correct ones. The scanned documents have been OCR'd so you can search the text. Richard Jones kindly sent pages C21-24 which were missing from both volumes.
Front matter
- Front matter - Preface, Acknowledgements, Review of contents, Summary of contents, Detailed table of contents, Table of statutes, Table of statutory instruments, Table of European conventions, Consolidated table of cases
Chapters
PART I: The structure of the mental health services
- Chapter 1 - An historical review of mental health legislation
- Chapter 2 - The organisation of the National Health Service
- Chapter 3 - Hospital and Special Hospital services
- Chapter 4 - Local authority services and functions
- Chapter 5 - Independent sector care and treatment
PART II: Personnel in the mental health services
- Chapter 6 - Management, medical and nursing staff
- Chapter 7 - The Approved Social Worker
- Chapter 8 - The role of the family
PART III: Admission to hospital and guardianship
- Chapter 9 - The definition of mental disorder
- Chapter 10 - Informal admission to hospital and holding powers
- Chapter 11 - Compulsory admission to hospital and guardianship under Part II
PART IV: Patients concerned in criminal proceedings
- Chapter 12 - Powers of the police and the decision to prosecute
- Chapter 13 - Mental disorder at the time of the offence
- Chapter 14 - Mental disorder at the time of the trial
- Chapter 15 - Mental disorder at the time of sentencing
- Chapter 16 - Transfer to hospital of persons service sentences of imprisonment
PART V: Discharge and removal
- Chapter 17 - Discharge from hospital and guardianship
- Chapter 18 - Mental Health Review Tribunals
- Chapter 19 - Removal and return of patients and repatriation of prisoners
PART VI: Treatment and restraint
- Chapter 20 - The therapeutic relationship: treatment and confidentiality
- Chapter 21 - Powers of restraint and the protection of staff
PART VII: The rights of the patient
- Chapter 22 - Protection of the patient
- Chapter 23 - The patient's property and financial affairs
- Chapter 24 - Rights and disabilities of patients
PART VIII: Miscellaneous
- Chapter 25 - Offences
Appendices
Appendix A: Statutes
- A1 - Table of contents
- A3 - Sexual Offences Act 1956 (Extracts)
- A7 - Mental Health Act 1959 (sees. 8, 9, 127 and 128)
- A11 - Sexual Offences Act 1967 (sec. 1)
- A13 - Criminal Procedure (Insanity) Act 1964
- A18 - Criminal Appeal Act 1968 (Extracts)
- A34 - Representation of the People Act 1983 (sec. 7)
- A37 - Mental Health Act 1983
- A166 - Registered Homes Act 1984
- A203 - Public Trustee and Administration of Funds Act 1986
- A211 - Enduring Powers of Attorney Act 1985
- A229 - Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
Appendix B: Statutory instruments
- B1 - Table of contents
- B7 - 1983 No. 891 - The Mental Health (Nurses) Order 1983
- B8 - [1983] No. 892 - The Mental Health Act Commission (Establishment and Constitution) Order 1983
- B10 - [1983] No. 893 - The Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983
- B57 - [1983] No. 894 - The Mental Health Act Commission Regulations 1983
- B60 - [1983] No. 942 - The Mental Health Review Tribunal Rules 1983
- B79 - 1984 No. 1578 - The Nursing Homes and Mental Nursing Homes Regulations 1984
- B159 - 1987 No. 1612 - The Enduring Powers of Attorney (Prescribed Form) Regulations 1987
- B171 - 1994 No. 3046 - The Court of Protection Rules 1994
- B205 - [1994] No. 3047 - The Court of Protection (Enduring Powers of Attorney) Rules 1994
- B225 - 1996 No. 294 - The Mental Health (After-care under Supervision) Regulations 1996
- B244 - [1996] No. 488 - The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996
- B247 - [1996] No. 489 - The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996
- B259 - [1996] No. 490 - The Special Hospitals Service Authority (Abolition) Order 1996
Appendix C: Departmental circulars
- C1 - Table of contents
- C15 - DHSS Circular LAC(86)15 - Mental Health Act 1983: Approved Social Workers
- C21 - MHAC Circular - September 1984 - Mental Health Act 1983 - Review of Treatment, section 61
- C33 - NHS Management Executive Health Service Guideline HSG(E3)45 - Code of Practice: Section 118 of the Mental Health Act 1983
- C125 - Home Office Circular 93/1991 - The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
- C135 - Local Authority Circular LAC(93)10 - Approvals and directors for arrangements made under Sch 8 to NHS Act 1977 and Sections 21 and 29 of the National Assistance Act 1948
- C159 - NHS Management Executive Health Service Guideline HSG(94)5 - Introduction of supervision registers for mentally ill people from 1 April 1994
- C169 - NHS Executive Health Service Guideline HSG(94)27 - Guidance on the discharge of mentally disordered people and their continuing care in the community
- C187 - Code of Practice
Appendix CA: Practice notes issued by the Mental Health Act Commission
- CA1 - Table of contents
- CA3 - Practice Note 1 - Guidance; on the administration of Clozapine and other treatments requiring blood tests under the provisions of Part IV of the Mental Health Act
- CA7 - Practice Note 2 - Nurses, the administration of medicine for mental disorder and the Mental Health Act.
- CA11 - Practice Note 3 - Section 5(2) of the 1983 Mental Health Act and transfers.
Appendix D: Forms and records required under the Mental Health Act 1983 and the Registered Homes Act 1984
Appendix E: Summary of procedural requirements in respect of compulsory admission to hospital and guardianship
Alphabetical index