Mental Health, Incapacity and the Law in Scotland

Prof. Jill Stavert, Professor in Law, Napier University.Jill's areas of research are international, European and national human rights law and mental health, and non-state actors (especially businesses) and human rights and she works with a number of organisations and bodies that promote mental health and/or human rights. She has also published and presented at conferences in the field of mental health and human rights law.Jill leads and represents the Law subject group at Edinburgh Napier University in research and is Director of the Centre for Mental Health and Incapacity Law Rights and Policy.Hilary Patrick is a former Honorary Fellow in the School of Law at Edinburgh University, she served on the Millan and McManus committees, advising on the reform of Scottish mental health law.

When I reviewed the 1st edition of Hilary Patrick’s “Mental Health, Incapacity and the Law in Scotland” I predicted that, within much of its extended area of coverage, “This book will be the authoritative starting-point for lawyers and non-lawyers alike for some years to come”. I was right. This 2nd edition, a decade later, is to be welcomed for several principal reasons...A full and authoritative exposition of mental health law...multi-dimensional coverage of an impressively wide range of topics.

• PART 1: INTRODUCTION AND BACKGROUNDChapter 1 – The law in context Chapter 2 – Statutory framework Chapter 3 – Key organisations Chapter 4 – Supporting the service user PART 2: MEDICAL TREATMENT AND CAREChapter 5 – Patients’ rights Chapter 6 – Care in hospital Chapter 7 – Consent to treatment Chapter 8 – Patients unable to consent Chapter 9 – Restraint, force and detention Chapter 10 – Preparing for future incapacity PART 3: THE USE OF COMPULSIONChapter 11 – Compulsory measures Chapter 12 – Short-term detention Chapter 13 – Emergency detention Chapter 14 – Compulsory treatment orders Chapter 15 – Compulsory treatment orders: reviews, appeals and suspension Chapter 16 – Medical treatment Chapter 17 – Rights of patients subject to orders Chapter 18 – Restrictions on detained patients Chapter 19 – Hospital transfers Chapter 20 – Breach of orders, unauthorised absences and offences Chapter 21 – Transitional arrangements PART 4: THE TRIBUNALChapter 22 – Representation at the tribunal Chapter 23 – Tribunal procedure PART 5: ADULTS WITH INCAPACITYChapter 24 – Adults with Incapacity Act Chapter 25 – Authorising welfare decisions Chapter 26 – Financial management PART 6: CARE IN THE COMMUNITYChapter 27 – Community care Chapter 28 – Duty to provide services Chapter 29 – Paying for care PART 7: PEOPLE AT RISKChapter 30 – People at risk PART 8: THE IMPACT OF MENTAL DISORDERChapter 31 – Personal life Chapter 32 – Housing Chapter 33 – Education and employment Chapter 34 – Consumer rights Chapter 35 – Civil rights and public life PART 9: DISCRIMINATIONChapter 36 – Protection against discrimination PART 10: PEOPLE WITH ADDITIONAL NEEDSChapter 37 – Respect for diversity Chapter 38 – Issues for people with dementia Chapter 39 – People with learning disabilities Chapter 40 – Refugees and asylum seekers Chapter 41 – Children and young people PART 11: CARERSChapter 42 – Carers PART 12: CRIMINAL JUSTICE AND MENTAL DISORDERChapter 43 – Criminal law and mental health Chapter 44 – Special measures for suspects and witnesses Chapter 45 – The criminal court process: from arrest to sentence Chapter 46 – The criminal court process: sentencing Chapter 47 – Care in prison and hospital transfers Chapter 48 – Impact of criminal justice orders and patients’ rights PART 13: CARE STANDARDSChapter 49 – Health and care standards PART 14: WHEN THINGS GO WRONGChapter 50 – Complaints Chapter 51 – Legal remedies Chapter 52 – Official enquiries APPENDICESAppendix 1 – European Convention on Human Rights Appendix 2 – UN Convention on the Rights of Persons with Disabilities and Optional Protocol