Module 1 Quiz – Mental Health Law: The Legal Framework

Mental Disorder is defined in Section 2 of the Mental Health Act

Mental Disorder in the Mental Health Act is defined as ‘Any disorder or Disability of the Mind’

At a Mental Health Tribunal the burden of proof is on the detaining authority to show the statutory criteria are met for continuing detention.

Under the Human Rights Act 1998 higher courts can make declarations that a law is incompatible with the European Convention on Human Rights

In relation to the Mental Capacity Act everything done for or on behalf of people with capacity must be done in their best interests

Recall under a Community Treatment Orders is at the discretion of the RC

Common law is not as important as laws passed by parliament.

The conditions placed on a patient Conditionally Discharged cannot be used to deprive them of their liberty in a care home.

Guardianship can only be applied in the interests of the welfare of the patient.

To be legally effective the two recommending doctors do not have to agree on the nature of the risk justifying detention under Section 2 or Section 3.