'Where the alleged lunatic demands an inquiry before a jury the Lord Chancellor intrusted as aforesaid shall in his order for inquiry direct such inquiry to be sped before a jury, unless he be satisfied by personal examination of the alleged lunatic that he is not mentally competent to form and express a wish for an inquiry before a jury and the Lord Chancellor intrusted as aforesaid may, where he shall deem it necessary, after presentation of the petition for inquiry, or the order to be made upon any report as aforesaid, and for the purpose of personal examination, require the alleged lunatic to attend him at such convenient time and place as he may appoint.' So, the Lunacy Regulation (Ireland) act of 1871 appears to remain on the statute book. While this study is not restricted to black patients, it does serve as a reminder that doctors are not the only actors in the system.Ĭhapter 5 - The process of civil confinement - 5.2.2. The study of Soothill et al of compulsory admissions in Birmingham and Lancaster show well over half as originating in the home. P143 - Similar complicating factors exist for other civil confinements. P109 - Our response to mental disorder is prompted both by concern about the plight of fellow human beings and by a desire to control behaviour judged to be dangerous or antisocial. Mental health law is an area of considerable legal and social complexity, and the authors challenge readers to question the system and the policies that have been developed. The legal issues described contain implied premises as to what it is to be a citizen, what the role of the state is for the vulnerable, and what the relative roles of law and medicine are in the regulation of control and deviance. With reference to recent cases and new legislation, Peter Bartlett and Ralph Sandland analyse the legal structure and functions of the mental health system, and the problems of characterizing mental health law. Mental health law, at its heart, involves the forcible confinement and medication of some of society's most vulnerable people, and the authors look closely at the social issues raised by this, and the human rights of those who suffer from mental illness.

Written by two of the country's leading specialists in mental health law, this book provides a detailed overview of the law and the socio-legal, historical, sociological, and cultural issues that surround it.

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