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Mental Health Tribunals Law, Practice and Procedure Second edition

A practical reference for all those appearing before the tribunal.
In Stock
Published: May 31, 2013
ISBN/ISSN: 9781846616020

Product description

Why should you buy Mental Health Tribunals: Law, Practice and Procedure

A highly practical reference work for all those appearing before the tribunal and for tribunal members themselves. Detailed explanatory commentary about the organisation, procedure and jurisdiction of the Tribunal is followed by an analysis of Tribunal powers in relation to both non-offender and offender patients.

This new edition has been methodically revised to take into account the developing procedure of the Tribunal system, the on-going development of the mental health and mental capacity acts, as well as noting all significant case law since the previous edition.

In addition to explanatory commentary the work will be supplemented by a host of relevant materials including legislation and codes of practice, providing a one-stop-shop for tribunal members and those appearing before the Tribunal.


Contributing Editor: Helen Wilson LLB (Hons), Barrister-at-Law


This new edition, first produced at a time of significant change in mental health law and practice, with the implementation of both the Mental Health Act 2007 and the Tribunals Courts and Enforcement Act 2007, remains a very welcome addition to the material available to those concerned in the field of mental health law. Read the full foreword...


In describing the rationale for this book, I am not able to improve upon the introduction to Mental Health Review Tribunals – Essential Cases (Kris Gledhill, Southside Legal Publishing Ltd, 2nd edn, 2011) where he states:

‘The law relating to detention on the basis of mental disorder and the tribunal at the centre of applications for release should be settled and certain, given that it involves deprivation of liberty and a vulnerable population, two factors that make it important that the law be clear.’

The purpose of this book is to be of use to the entire spectrum of participants (from whichever perspective) who are involved in Mental Health Tribunals. Read the full preface...


Featured Authors

Table of contents

  • Foreword
  • Preface
  • Author’s Note
  • Acknowledgments
  • Glossary of Medical Terms (Including Common Medications)
  • List of Common Medications
  • List of Abbreviations
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Table of EC and International Material
  • Part A - Tribunal Organisation and Composition
    • Origins, Constitution, Administration and Function of the First-tier
    • Role, Function and Powers of Members of the Tribunal
  • Part B - Tribunal Procedure and Jurisdiction
    • Tribunal Proceedings: Overview and Pre-hearing Procedures
    • Applications and References
    • Interaction Between Mental Health Act 1983 and Mental Capacity
      Act 2005
    • Treatment and Treatability
  • Part C - Non-offender Patients
    • Detention and Discharge (Mental Health Act 1983, s 2) 
    • Detention and Discharge (Mental Health Act 1983, s 3) 
    • Detention and Discharge (Mental Health Act 1983, s 7) 
    • Detention and Discharge (Supervised Community Treatment Orders:
      Mental Health Act 1983, s 17A–17G) 
    • The Responsible Clinician: Role, Function and Powers (Including
    • Approved Mental Health Professional: Role, Function and Powers
    • Nearest Relative: Role, Function and Powers 
    • Remedies
    • Routes to Detention and Discharge Outside the Jurisdiction of the
    • Special Provision for Children and Adolescents
  • Part D - Offender Patients
    • Offender Patients – Introduction
    • Detention and Discharge
    • Hospital Treatment
    • Criminal Jurisdiction
    • Role of Ministry of Justice
    • Responsible Clinician and Clinical Supervisors (Role, Function and
    • Victims’ Rights
  • Part E - Supporting Materials
    • E1 - Mental Health Act 1983 Code of Practice 245
  • Part F - Statutory Materials (Including Tribunal Rules and Practice
    • F1 - Mental Health Act 1983
    • F2 - Tribunals, Courts and Enforcement Act 2007
      F3 - Practice Direction First-tier tribunal
    • F4 - Practice Guidance on procedures concerning handling representations from victims in the First-tier Tribunal (Mental Health)
    • F5 - The Tribunal Procedure (First-tier Tribunal) (Health, Education and
      Social Care Chamber) Rules 2008
    • F6 - The Tribunal Procedure (Upper Tribunal) Rules 2008
    • F6.1 - Tabular Summary of First-tier Rules; Upper Tribunal Rules
    • F7 - Civil Procedure Rules 1998
    • F7 - Claims for Judicial Review
  • Index

Read the full contents