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Mental Health Law and Practice

This book has now been published (December 2009)


Darius Whelan, Mental Health Law and Practice: Civil and Criminal Aspects
(Dublin: Thomson Round Hall, 2009)
ISBN: 9781858005102
ISBN-10: 1858005102 /  1858005108

Order on Round Hall Site

May also be ordered from Law Books Ireland, Kenny's Bookshop or   Wildy & Sons (UK) 

Table of Contents and Index of Book

Extracts from publisher's brochure:

This book is a comprehensive examination of the civil and criminal aspects of mental health law. It guides the practitioner and mental health professional through the legal process of dealing with people with mental disorders from voluntary and involuntary admission to hospital to the role of doctors and psychiatrists.

Includes full analysis of the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006.  

Far-reaching changes have been introduced by the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006. This new title makes sure that you get to grips with these changes. The scheme of the Mental Capacity Bill 2008 is also discussed.

Deals with all Regulations, Rules, Codes of Practice and Guides, e.g. Mental Health Act 2001 (Approved Centres) Regulations, Rules Governing the Use of Electro-Convulsive Therapy, Rules Governing the Use of Seclusion and Mechanical Means of Bodily Restraint, Code of Practice Relating to Admission of Children under the Mental Health Act 2001.


  • Walks you step by step through civil commitment - ensuring that you have a complete grasp of both the legal criteria and the procedure.
  • Includes a full examination of the jurisdiction of Mental Health Tribunals.
  • Ensures that you fully understand the scope and limitations of the role of the Mental Health (Criminal Law) Review Board along with answering vital questions such as who can request a review, who is entitled to attend a review board hearing and who is responsible for providing legal representation for the patient.
  • Helps you get to grips with the extent of powers under section 13 of the Criminal Law (Insanity) Act 2006 in relation to conditional discharge.
  • Includes extensive references to ECHR case-law to help you understand the complex relationship between constitutional and human rights and mental heath law.
  • Includes comparisons with legislation and case-law in other jurisdictions, e.g. England and Wales.
  • Makes effective use of case law to illustrate points of law.
  • Includes S.M. v Mental Health Commission (2008), J.B. v Mental Health (Criminal Law) Review Board (2008) and E.H. v Clinical Director of St Vincent's Hospital (2009).

AUTHOR: Dr Darius Whelan B.L. is a lecturer at the Faculty of Law, University College Cork. He is currently President of the Mental Health Lawyers Association, the members of which represent patients admitted to approved centres under the Mental Health Act 2001

Foreword by Mr Justice Brian McCracken, Chairperson, Mental Health (Criminal Law) Review Board

Part One: General Matters
Principles of Mental Health Law
Remedies and Institutions
Part Two: Civil Aspects
Legal Criteria for Involuntary Civil Admission
Admission under the Mental Health Act 2001
Voluntary Patients
Renewal Orders
Mental Health Tribunals
Mental Health Tribunal Hearings
Scope of Mental Health Tribunal Reviews
Treatment for a Mental Disorder
Common Law Duties: Negligence and Confidentiality
Requirements Concerning Institutional Care
Mental Capacity
Mental Health and other aspects of civil law
Part Three: Criminal Aspects
The Insanity Defence
Diminished Responsibility and Infanticide
Fitness for Trial
Reviews by the Mental Health (Criminal law) Review Board
Mental Health and other aspects of Criminal Law


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