文档介绍：e Aims ? Examine the historical context for the Laws that govern mental health & capacity. ? Understand the philosophy and principles that underpin current legislation. ? Understand the criteria necessary to be detained under the MHA (1983) & the procedures followed to assess for capacity. Normans, Nazis, Philosophers and the law! Rights located with the state not in the individual 1950 treaty of rome , European convention on Human rights ( echr ), European court of human rights. NOT the European courts of justice! Division of power in UK ? Government – the executive , ministers of state. ? The legislature – Parliament ( representative / constitutional democracy) Commons, Lords & Monarch. ? The Judiciary – System of courts which interpret Law as it comes before them. Historical legislation ? 1713 Vagrancy acts , allow for detention of ‘ Lunaticks or mad persons ’. ? 1774 regulation of private madhouses. ? 1845 Lunatics Act includes ‘ persons of unsound mind ’. ? 1886 Idiots Act – separates idiots & imbeciles. ? 1913 Mental deficiency Act – segregation of ‘ defectives ’. ? 1946 NHS Act ? 1959 – Mental Health Act, inc ’s mental illness, subnormality . ? 1983 – Mental Health Act Relevant legislation ? European Convention on Human Rights, Rome. 4th Nov 1950. ? Human Rights Act 1998. ? Mental Health Act 1983 amended 2007 (schedule A1 amends the MCA by introducing the deprivation of liberty safeguards in force since 1 st April 2009). ? Mental Capacity Act 2005, DOLS. ? Common Law ?? Common Law ? Rules developed by the Royal Courts following Norman Conquest in 1066. ? Rules of law developed by the courts as opposed to statute law. ? General system of law deriving exclusively from court decisions, ‘ common sense under a wig ’. ? See handout of court system for England & Wales. House of Lords, whilst overturning the Court of Appeal, recognised the limitations mon Law ?“ mon law principle of necessity is a useful concept, but it contains non