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Information for "Richard Jones, 'Preface to Mental Health Act Manual, 24th edition' (July 2021)"

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Display titleRichard Jones, 'Preface to Mental Health Act Manual, 24th edition' (July 2021)
Default sort keyRichard Jones, 'Preface to Mental Health Act Manual, 24th edition' (July 2021)
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Page creatorJonathan (talk | contribs)
Date of page creation21:17, 4 December 2021
Latest editorJonathan (talk | contribs)
Date of latest edit21:23, 4 December 2021
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Richard Jones argues that mental health law in England & Wales is in a dire state for two main reasons: (1) the decision to legislate for the detention of mentally incapacitated patients within the MCA instead of amending the MHA, which error was compounded by over 250,000 people being identified as deprived of their liberty, in the absence of any coercion or interference with their freedom of action, following the Cheshire West decision; and (2) the complexity of the MHA, which would be increased by the proposals of the Wessely review and the decision to incorporate those by further detailed amendments without structural change. His proposed way forward is to remove the detention powers from the MCA, repeal the LPS legislation, and abandon the Wessely proposals; for the long term, to draft a single modern statute which applies to everyone; and, in the meantime, "some attempt should be made before it is too late to prevent the ageing hulk of the Mental Health Act from sinking into disrepute under the weight of its multiple amendments".
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