scholarly journals Fusion legislation and forensic psychiatry: the criminal justice provisions of the Mental Capacity Act (Northern Ireland) 2016

2018 ◽  
Vol 24 (3) ◽  
pp. 195-203 ◽  
Author(s):  
Philip Campbell ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Northern Ireland ◽  
Mental Capacity ◽  
List Type ◽  
Academic Literature ◽  
Advantages And Disadvantages ◽  
Long Line ◽  
History Of ◽  
Mental Capacity Act ◽  
The Uk

SUMMARYFusion legislation is the latest in a long line of reforms in mental health law that have sought to increase patient autonomy. It has not been without controversy, having been proposed and rejected in various jurisdictions throughout the UK and internationally, while causing considerable debate in the academic literature. This article considers some of the history and debate, along with the criminal justice provisions of the first piece of fusion legislation internationally, the Mental Capacity Act (Northern Ireland) 2016, and their potential implications.LEARNING OBJECTIVES•Understand the history of fusion legislation in the UK and internationally•Understand the advantages and disadvantages of fusion legislation•Understand the Mental Capacity Act (Northern Ireland) 2016 criminal justice provisionsDECLARATION OF INTERESTNone.

scholarly journals Mental capacity: Different models and their controversies

2017 ◽  
Vol 23 (6) ◽  
pp. 366-374 ◽  
Author(s):  
Brian Joseph Murray
Keyword(s):  
Relevant Information ◽  
Mental Capacity ◽  
List Type ◽  
Persons With Disabilities ◽  
Alternative Models ◽  
Mental Capacity Act 2005 ◽  
United Nations Convention ◽  
Mental Capacity Act ◽  
The Uk ◽  
The Impact

SummaryModern legislation in the UK addressing the issue of decision-making ability uses tests of mental capacity based on the individual's ability to understand relevant information given to them. Alternative models of mental capacity do exist, but are largely considered defunct. This article reviews these alternative models and considers their importance. Far from being irrelevant to modern views on mental capacity, these models have already been incorporated into legislation such as the Mental Capacity Act 2005. A better understanding of these models can improve clinicians’ understanding of mental capacity in general. Modern controversies such as the impact of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are discussed and ways in which our understanding of mental capacity may have to change in the future are addressed.LEARNING OBJECTIVES•Appreciate the different ways of considering an individual's mental capacity•Understand the primacy and limitations of the functional test of mental capacity•Use this understanding to manage potential conflicts or disagreements when considering an individual's mental capacity

scholarly journals Mental Capacity Act (Northern Ireland) 2016

2017 ◽  
Vol 41 (6) ◽  
pp. 353-357 ◽  
Author(s):  
Gerard Lynch ◽  
Catherine Taggart ◽  
Philip Campbell
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Mental Healthcare ◽  
Mental Capacity ◽  
Best Interests ◽  
Health And Social Care ◽  
Legislative Framework ◽  
Mental Capacity Act ◽  
The Uk ◽  
Health Legislation

SummaryMental health legislation in Northern Ireland has always been separate from legislation in the rest of the UK; the Mental Health (Northern Ireland) Order (MHO) had been in place since 1986. In common with other jurisdictions, this legislation utilises the presence of mental disorder and risk as criteria for detention and involuntary treatment. The MHO has been replaced by the Mental Capacity Act (Northern Ireland) 2016 (MCA), an example of ‘fusion’ legislation in which impairment of decision-making capacity and best interests are the only criteria to be used when making decisions across health and social care. In this paper, we outline the development of the MCA to date, and discuss its potential to improve mental healthcare by placing the treatment of mental illness within the same legislative framework as physical illnesses.

Northern Ireland

2015 ◽  
Author(s):  
Michael Graham
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Mental Capacity ◽  
The United Kingdom ◽  
The Law ◽  
The Uk

Northern Ireland is part of the United Kingdom with its own Regional Assembly, but is subject to direct rule from the UK Parliament in Westminster in relation to certain reserved matters. The law relating to mental capacity in Northern Ireland is in a period of change.

10. Race, ethnicities, and the criminal justice system

2021 ◽  
pp. 273-307
Author(s):  
Neena Samota
Keyword(s):  
Criminal Justice ◽  
Critical Race Theory ◽  
Criminal Justice System ◽  
Race And Ethnicity ◽  
Justice System ◽  
State Level ◽  
System P ◽  
The Us ◽  
History Of ◽  
The Uk

This chapter explores the broader context and history of race-related issues in the UK, considering why racial disparities persist in diverse societies like the US, Australia, Canada, and the UK, before narrowing the focus to race and ethnicity in the sphere of crime and criminal justice. The concepts of ‘race’ and ‘ethnicity’ have long played major roles in both classroom and broader societal discussions about crime, punishment, and justice, but they have arguably never been more present and visible than today. The chapter looks at the problems with the statistics available on race, ethnicity, and crime, noting the ways in which they may not tell the whole story, before considering the statistics themselves as the chapter discusses the relationships between ethnicity and victimisation and offending. It then moves on to how ethnic minorities experience the various elements of the criminal justice system and the disadvantages they often face, before outlining the attempts that have been made to address these disparities at a state level. Finally, the chapter discusses critical race theory, a key theory in modern criminological examinations of race and its relationship to crime and justice, which grew out of the US but has much broader value and relevance as a framework of analysis.

Northern Ireland

2019 ◽  
pp. 203-210
Author(s):  
Emma Louise Cunningham ◽  
Stephen Todd ◽  
Conor Barton ◽  
Peter Passmore
Keyword(s):  
Northern Ireland ◽  
Dementia Care ◽  
Mental Capacity ◽  
Therapeutic Interventions ◽  
Coordination Of Care ◽  
Strategic Issues ◽  
Code Of Practice ◽  
People With Dementia ◽  
Mental Capacity Act ◽  
Successful Production

The Northern Ireland (NI) Dementia Strategy was launched in November 2011, with similar strategic issues and priorities to those identified in the English, Welsh, and Scottish documents. There are a number of aspects of dementia care in NI of which the province can be proud, several of which are outlined. One of the major achievements has been the successful production of the Mental Capacity Act, which awaits implementation and publication of a code of practice for clinicians. Other challenges include the coordination of care for people with dementia across the healthcare spectrum and the anticipation and incorporation into practice of evolving diagnostic and therapeutic interventions.

Best interests provisions in the UK Mental Capacity Act 2005

2012 ◽  
Vol 36 (12) ◽  
pp. 459-462
Author(s):  
Olufunso B. Aribisala
Keyword(s):  
Decision Making ◽  
Mental Capacity ◽  
Best Interests ◽  
England And Wales ◽  
Reasonable Belief ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

SummaryThe Mental Capacity Act 2005 is a critical statute law for psychiatrists in England and Wales. Its best interests provision is fundamental to substitute decision-making for incapacitated adults. It prescribes a process of and gives structure to substitute decision-making. The participation of the incapacitated adult must be encouraged where practicable. In addition to this, ‘the best interests checklist’ must be applied in every case before a practitioner can arrive at a reasonable belief that the action or decision taken on behalf of an incapacitated adult is in his best interests. Most commentators have shown goodwill towards the workings of the Act and want it to succeed.

Advocacy, Ethics, and Values in Mental Health

2014 ◽  
Author(s):  
Jakki Cowley
Keyword(s):  
Mental Health ◽  
Conflicts Of Interest ◽  
Information Support ◽  
England And Wales ◽  
Professional Obligations ◽  
Mental Capacity Act 2005 ◽  
Recent Developments ◽  
History Of ◽  
Mental Capacity Act ◽  
The Uk

This chapter discusses mental health advocacy in the UK and how the history of mental health care has influenced current practice, as well as how the advocacy sector in general has shaped government policy and legislation. The emphasis is on England and Wales, although advocacy delivery in Scotland and Northern Ireland is also considered. The chapter first defines advocacy and outlines its history in the UK before analyzing recent developments in the country. It then examines the principles of advocacy (independence; empowerment; representation, information, support; accountability; confidentiality), together with different forms of advocacy in the UK and key legislation, including the Mental Capacity Act 2005 and the Mental Health Act 1983 in England and Wales. Finally, it looks at issues and challenges faced by mental health advocates with regard to ethics and values, such as conflicts of interest and duty, the nature of professional obligations and neutrality, and social justice.

A history of bovine tuberculosis eradication policy in Northern Ireland

2015 ◽  
Vol 143 (15) ◽  
pp. 3182-3195 ◽  
Author(s):  
P. A. ROBINSON
Keyword(s):  
Northern Ireland ◽  
Bovine Tuberculosis ◽  
Animal Health ◽  
Historical Analysis ◽  
Eradication Programme ◽  
Agricultural Industry ◽  
The Public ◽  
History Of ◽  
The Uk ◽  
Public Archives

SUMMARYDespite many years of state-sponsored efforts to eradicate the disease from cattle through testing and slaughter, bovine tuberculosis (bTB) is still regarded as the most important and complex of animal health challenges facing the British livestock agricultural industry. This paper provides a historical analysis of the ongoing bTB statutory eradication programme in one part of the UK – Northern Ireland (NI) – which began in 1949 as a voluntary scheme, but between 1959 and 1960 became compulsory for all cattle herd-owners. Tracing bTB back through time sets the eradication efforts of the present day within a deeper context, and provides signposts for what developed in subsequent decades. The findings are based primarily on empirical research using historical published reports of the Ministry of Agriculture and state documents held in the public archives in NI, and they emphasize the need to consider the economic, social and political contexts of disease eradication efforts and their influences on both the past and the present.

scholarly journals The Mental Capacity Act and mental healthcare in prison: opportunities and challenges

2012 ◽  
Vol 36 (7) ◽  
pp. 241-243 ◽  
Author(s):  
Sharon Davies ◽  
Claire Dimond
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Healthcare ◽  
Legal Framework ◽  
Mental Capacity ◽  
Best Interests ◽  
People With Mental Illness ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

SummaryThe UK Mental Health Act 1983 does not apply in prison. The legal framework for the care and treatment of people with mental illness in prison is provided by the Mental Capacity Act 2005. We raise dilemmas about its use. We highlight how assessing best interests and defining harm involves making challenging judgements. How best interests and harm are interpreted has a potentially significant impact on clinical practice within a prison context.

scholarly journals A new legislative framework for mental capacity and mental health legislation in Northern Ireland: an analysis of the current proposals

2014 ◽  
pp. 84
Author(s):  
Maura McCallion ◽  
Ursula O'Hare
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Mental Capacity ◽  
Law Reform ◽  
Health Law ◽  
Mental Health Legislation ◽  
Legislative Framework ◽  
The Law ◽  
The Uk ◽  
Health Legislation

<p>When the Bamford Review of Mental Health and Learning Disability completed its work in the autumn of 2007, it drew to a close an extensive consultation and analysis of mental health and learning disability services and the law in Northern Ireland. Its last report on A Comprehensive Legislative Framework made<br />a compelling case for a major overhaul of the law that the Review team itself described as ‘quite radical’. The Review identified the case for reform in the need to ensure that mental health law conforms to the requirements of human rights law, reflects changes to professional practice, reflects the needs of service<br />users and their carers, and keeps pace with reform elsewhere in the UK. Alone of all the jurisdictions in the UK, Northern Ireland has been operating largely in a legislative vacuum in relation to mental capacity law. The Review’s proposals for reform therefore extended to reform of mental health law and the introduction of mental capacity law.</p><p>In the autumn of 2008 the NI Executive published its response to the Bamford Review indicating that it intended to develop the law sequentially: reform of the Mental Health (NI) Order 1986 by 2011 followed by the introduction of mental capacity law in 2014. Responses to the Executive’s consultation resulted in<br />the Department of Health Social Services and Public Safety (DHSSPS) revising its approach and it signalled its intention to bring forward mental capacity and mental health legislation together. This reated a unique opportunity in Northern Ireland for fusion of incapacity and mental health legislation. A further consultation paper was issued in January 2009, setting out the key approaches to the content<br />of two bills. However as a result of the consultation, the Health Minister Michael McGimpsey announced in September 2009 that there would be a single bill with an overall principle of autonomy. His press statement noted: “ A strong body of opinion, particularly from professional groups and lead voluntary organisations, which considered that separate mental health legislation continues to be stigmatising and recommended that mental capacity and mental health provisions should instead be encompassed into a single piece of legislation”</p><p>This short paper provides an overview of the current direction of travel on law reform in Northern Ireland. It comments on the policy climate and arguments for a fusion of mental capacity and mental health legislation. It also highlights some of the key policy issues that will need to be further explored as the Department develops its law reform proposals and concludes with some hopes and fears for the new legislation.</p>

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