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Vol 21 No 10 Oct/Nov 2016

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Defending Mentally Disordered Persons


ISBN13: 9781903307281
Published: April 2012
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: £48.00



In stock.

Lawyers representing potentially vulnerable clients need to consider what special needs their clients may have and apply the relevant legal provisions with that in mind. This book provides the bridge between mental health law and criminal law and provides criminal practitioners with the necessary tools to navigate the appropriate route through the criminal justice system if the client may have a mental disorder.

Defending Mentally Disordered Persons sets out the civil and criminal legal framework, which is in large part governed by the Mental Health Act 1983 and the Criminal Procedure (Insanity) Act 1964, and the interaction of UK legislation with the European Convention on Human Rights.

It covers all aspects of the legal process from initial contact with the client at a police station through to procedure and evidence, substantive criminal law, sentencing, treatment of prisoners and appeals. As well as comprehensively setting out the law, the author also provides arguments for where the law could be developed further.

Contents include:-

  • Introduction to the civil and criminal legal framework
  • Detention for treatment under the Mental Health Act 1983
  • Powers of arrest under the Mental Health Act 1983
  • Treatment in the police station
  • Decision to prosecute
  • Bail
  • Remand prisoners and transfer to hospital
  • Inability to participate at trial: fitness to plead
  • Evidence: admissibility, adverse inference and witnesses
  • Defences of insanity, diminished responsibility, provocation and loss of control
  • Sentencing: custodial sentences, hospital orders and community sentences
  • Treatment of prisoners
  • Appeals

Essential reading for criminal practitioners, academics and students of criminal and mental health law.

Subjects:
Criminal Law, Mental Health Law
Contents:
PART I: INTRODUCTORY MATTERS
1. Introduction to the legal framework
2. The civil scheme

PART II: PRE-COURT MATTERS
3. Powers of arrest under the Mental Health Act 1983
4. Treatment in the police station
5. The decision to prosecute – diversion

PART III: PROCEDURE AND EVIDENCE
6. Bail and other preliminary and procedural matters
7. Remand prisoners and transfer to hospital – court powers
8. Transfer of remand prisoners under Mental Health Act 1983 s48 by the Secretary of State
9. Inability to participate – Crown Court
10. Inability to participate – summary trial
11. Evidence and mental disorder

PART IV: SUBSTANTIVE CRIMINAL LAW AND MENTAL DISORDER
12. Mental disorder amounting to insanity at the time of the offence – Crown Court
13. Insanity in a summary trial
14. Homicide and mental disorder
15. Other substantive issues

PART V: MENTAL DISORDER AND SENTENCING
16. General matters 491
17. Mental disorder and custodial sentences
18. Disposals under the Mental Health Act 1983
19. Mental disorder and community sentences

PART VI: POST-SENTENCE MATTERS
20. Mental disorder during the sentence
21. Appeals.