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Mental Health review tribunals - Essay Example

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This paper investigates the justification of the commentary of Lady Hale's in regard of the human rights law with a special focus on mental health. Her presentation during the North East Mental Health Law Conference on 16 June 2006 was precisely gloomy that tends to say there has not been adequate appraisal of the legal status for the mentally challenged ones…
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Mental Health review tribunals
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To ensure the protection from the evils of such disorder world legal forum set mental health tribunals to justify human rights for all irrespective of gender, race, territory and mental condition. From perspectives of the discipline of positive psychology, mental health may include an individual's ability to enjoy life and procure a balance between life activities and efforts to achieve psychological resilience. Subject to the Conditions as an introduction to the Mental Health Act, and as a suggestive source for people with mental health needs, professional workers and others encounter with these Acts.

The Mental Health Act 1983 governs the admission of people to psychiatric hospital against their will, their rights while detained, discharge from hospital, and aftercare in England and Wales. Aprt from the philanthropic attitude there is criticism that the Act itself is not well organized, which is written in language that can be hard to follow for certain complications of the description of the legitimate proposition. The Domestic Violence, Crime and Victims Act 2004, which received Royal Assent in November 2004, contains a number of measures to extend the Government's program of improving services and support to victims of certain criminal offences from prison to hospital for psychiatric treatment, as well as offenders subject to hospital orders with restriction orders.

Custodial remand remains ironic when convicted of a sexual or violent offence are then made subject of a hospital order as found unfit to plead and to have committed the act, and been charged, or not guilty because of insanity. They direct the admission to hospital of patients transferred from prison, and consider recommendations from Responsible Medical Officers in hospitals for leave, transfer or discharge of restricted patients. MHU also prepare documentation for Mental Health Review Tribunals (MHRTs), and monitor patients.

For each new case, including transferred prisoners, the Victim Liaison Officer (VLO) do contact the MHU caseworker. Imperial evidences furnished through Mental Health Review Tribunals say a detained restricted patient may apply to have their cases heard by a MHRT once each year. If the patient does not apply, the Home Secretary would refer their case to a Tribunal every three years. The Tribunal will consider whether the individual needs to be detained in hospital for the purposes of mental health treatment.

Liason officers should consult victims about their representations relating to discharge conditions and forward them to the Tribunal Office by the specified date. The document state that victims should be made aware that no guarantees can be given that any representations they make will not be disclosed to the patient. In fact, the expectation is that all documents are disclosed to the patient and the circumstances in which documents can be withheld are very limited. Rule 12 of the Mental Health Review Tribunal Rules 1983 allows the Tribunal to withhold any document from the patient if they consider that disclosure would adversely affect the health or welfare of the patient or

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