|This book has now been published (December 2009)
Darius Whelan, Mental Health Law and Practice: Civil and Criminal
(Dublin: Thomson Round Hall, 2009)
ISBN-10: 1858005102 / 1858005108
Order on Round Hall Site
May also be ordered from Law Books Ireland,
or Wildy & Sons
Table of Contents and Index
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
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
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.
MENTAL HEALTH LAW AND PRACTICE
- 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
- 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
- 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
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 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