scholarly journals Psychiatric assessment of adults in care proceedings

2019 ◽  
Vol 26 (1) ◽  
pp. 16-25
Author(s):  
Rajan Nathan ◽  
Ruth Scarisbrick ◽  
Gaynor Brown
Keyword(s):  
Critical Role ◽  
Legal Framework ◽  
Learning Objectives ◽  
Family Court ◽  
List Type ◽  
Assessment Framework ◽  
England And Wales ◽  
The Family ◽  
The Common ◽  
Key Aspects

SUMMARYPsychiatric assessments of adults involved in care proceedings can play a critical role in assisting the family court to resolve proceedings justly. To properly carry out this role, the psychiatric expert should have an up-to-date understanding of the wider context within which they are working. This article outlines the legal framework of care proceedings in England and Wales and summarises the key aspects of the process. The duties of the expert and how the expert is engaged are explained. Finally, guidance is presented on how the expert should approach questions that are commonly raised in these proceedings.LEARNING OBJECTIVESAfter reading this article you will be able to: •appreciate the legal framework relevant to care proceedings in England and Wales•recognise the circumstances in which expert psychiatric evidence relating to adults in care proceedings is commissioned•understand the common questions posed to expert psychiatrists undertaking assessments of adults in care proceedings and develop an assessment framework.

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

scholarly journals Working with MAPPA: ethics and pragmatics

2019 ◽  
Vol 25 (3) ◽  
pp. 157-165 ◽  
Author(s):  
Richard Taylor ◽  
Jessica Yakeley
Keyword(s):  
General Medical Council ◽  
Legal Framework ◽  
Learning Objectives ◽  
Guidance Document ◽  
Medical Council ◽  
List Type ◽  
Management Board ◽  
Political Background ◽  
And Function

SUMMARYMulti-agency public protection arrangements (MAPPA) have been in operation for around 18 years in England and Wales. The primary purpose is for the sharing of information between agencies regarding the risk management of offenders returning to the community from custodial and hospital settings. The legal framework regarding information by psychiatrists is not dealt with in one single policy or guidance document. Psychiatrists must use their clinical and professional judgement when engaging with the MAPPA process, mindful of guidance available from professional bodies such as the Royal College of Psychiatrists, General Medical Council and British Medical Association.LEARNING OBJECTIVESAfter reading this article you will be able to: •Learn the legal and political background that led to the formation of MAPPA•Understand the structure and function of MAPPA•Understand the role of psychiatrists in the MAPPA processDECLARATION OF INTERESTR.T. is a member of the London Strategic Management Board for MAPPA.

scholarly journals The interface between general and forensic psychiatry: the present day

2014 ◽  
Vol 20 (5) ◽  
pp. 359-365 ◽  
Author(s):  
Vivek Khosla ◽  
Phil Davison ◽  
Harvey Gordon ◽  
Verghese Joseph
Keyword(s):  
Forensic Psychiatry ◽  
Clinical Care ◽  
Learning Objectives ◽  
List Type ◽  
Type Number ◽  
England And Wales ◽  
Adult Psychiatry ◽  
The Republic ◽  
Definition Of ◽  
The Uk

SummaryWith the subspecialisation of psychiatry in the UK, clinicians encounter problems at the interfaces between specialties. These can lead to tension between clinicians, which can be unhelpful to the clinical care of the patient. This article focuses on the interface between general and forensic psychiatry in England and Wales. The pattern of mental health services in England and Wales differs to an extent from those in Scotland, Northern Ireland and in the Republic of Ireland. Consequently, the interface between general and forensic psychiatry is subject to varying influences. Important interface issues include: the definition of a ‘forensic patient’; the remit and organisation of services; resources; clinical responsibility; and care pathways. This article also discusses a general overview of how to improve collaboration between forensic and general adult psychiatric services.Learning Objectives•Develop an understanding of important issues at the forensic/general adult psychiatry interface.•Be aware of areas of conflict that may arise at the forensic/general adult psychiatry interface.•Be aware of options for optimum cooperation at the interface.

scholarly journals Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales

2019 ◽  
Vol 25 (4) ◽  
pp. 251-264 ◽  
Author(s):  
Nicholas Hallett ◽  
Nadine Smit ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Learning Objectives ◽  
List Type ◽  
Criminal Cases ◽  
England And Wales ◽  
Direct Bearing ◽  
Administration Of Justice ◽  
Court Of Appeal

SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.

The psychosis risk timeline: can we improve our preventive strategies? Part 3: primary common pathways and preventive strategies

2019 ◽  
Vol 25 (05) ◽  
pp. 321-332
Author(s):  
Karen Romain ◽  
Alexandra Eriksson ◽  
Richard Onyon ◽  
Manoj Kumar
Keyword(s):  
Risk Factors ◽  
Psychiatric Disorders ◽  
Recent Literature ◽  
Learning Objectives ◽  
List Type ◽  
Preventive Strategies ◽  
Psychosis Risk ◽  
Preventive Work ◽  
Key Aspects ◽  
Inflammatory Changes

SUMMARYPsychosis is a recognised feature of several psychiatric disorders and it causes patients significant distress and morbidity. It is therefore important to keep knowledge of possible risk factors for psychosis up to date and to have an overview model on which further learning can be structured. This article concludes a three-part series. It gives a review of evidence regarding common pathways by which many risk factors come together to influence the development of psychosis and finalises our suggested overview model, a psychosis risk timeline. The three primary pathways considered are based on the major themes identified in this narrative review of recent literature and they focus on neurological, neurochemical and inflammatory changes. We link each back to the factors discussed in the first and second parts of this series that alter psychosis risk through different mechanisms and at different stages throughout life. We then consider and summarise key aspects of this complex topic with the aim of providing current and future clinicians with a model on which to build their knowledge and begin to access and understand current psychosis research and implications for future preventive work.LEARNING OBJECTIVESAfter reading this article you will be able to: •give an overview of common pathways thought to link identified risk factors with psychosis development•understand neurochemical, neurostructural and inflammatory changes associated with psychosis•demonstrate increased knowledge of possible preventive strategies.DECLARATION OF INTERESTNone.

Reforming fitness to plead and stand trial legislation in England and Wales

2019 ◽  
Vol 26 (1) ◽  
pp. 8-15
Author(s):  
Nuwan Galappathie ◽  
Angela Shaw
Keyword(s):  
Case Law ◽  
Mental Capacity ◽  
Learning Objectives ◽  
List Type ◽  
Consultation Process ◽  
England And Wales ◽  
Extensive Consultation ◽  
The Law ◽  
Practical Implications ◽  
Law Commission

SUMMARYThe legal decision on whether a defendant can fairly take part in a criminal trial in England and Wales is currently based on the leading case of R v Pritchard (1836), which despite subsequent case law updates does not embrace the concept of mental capacity or effectively identify defendants who are unable to meaningfully participate. Further to an extensive consultation process, the Law Commission published recommendations for reform in 2016, with a proposed new test of capacity to participate effectively in a trial and detailed suggestions for statutory reform of court procedures for managing defendants found unable to participate. Here we review the proposals and consider practical implications and suggestions regarding their implementation.LEARNING OBJECTIVESAfter reading this article you will be able to: •appreciate the current problems with the law on fitness to plead in England and Wales•understand the proposed test of capacity to participate effectively in a trial•understand the proposed changes to the procedures available when a defendant is found unable to participate.

Reforming the Law of Unfitness to Plead in England and Wales

2018 ◽  
Author(s):  
Miranda Bevan ◽  
David Ormerod
Keyword(s):  
Common Law ◽  
Legal Framework ◽  
Criminal Trial ◽  
Law Reform ◽  
Criminal Trials ◽  
Significant Development ◽  
England And Wales ◽  
The Common ◽  
The Law ◽  
Draft Bill

This chapter reviews the legal framework in England and Wales for dealing with defendants in criminal trials who are ‘unfit to plead’, and considers efforts to reform the legal test and procedures. The chapter offers a critique of the present law governing fitness to plead and its failure to reflect modern-day trial processes and psychiatric understanding. It examines law reform proposals made over recent decades and how these have failed to produce significant development in the common law. It focuses in particular on the Law Commission’s recent report and draft Bill in 2016. That report seeks to provide a fair and effective process for those who are unable to participate effectively in their criminal trial and to ensure that defendants’ rights are respected.

scholarly journals Family psychoeducation for people living with schizophrenia and their families

2018 ◽  
Vol 24 (1) ◽  
pp. 9-19 ◽  
Author(s):  
Carol Harvey
Keyword(s):  
Practice Change ◽  
Information Support ◽  
List Type ◽  
Family Psychoeducation ◽  
Problem Solving Skills ◽  
Family Service ◽  
Psychotherapeutic Interventions ◽  
The Family ◽  
The Common ◽  
Relapse Rates

SUMMARYMost people with schizophrenia have frequent contact with their families. Therefore, the family should be involved in their relative's treatment and care wherever possible, so that they can contribute to that person's recovery and the family's own needs for information, support and treatment can be addressed. Family psychoeducation refers to a group of structured psychotherapeutic interventions that involve the person with schizophrenia and their family as partners in care. Trained practitioners adopt a collaborative approach to information sharing and provide training in coping, communication and problem-solving skills. This article describes the common principles and techniques of family psychoeducation (FPE), along with the substantial evidence for its benefits for families, especially reduced relapse rates for the person with schizophrenia. Despite recommendations in clinical practice guidelines, FPE is not widely available throughout the world. The current challenge is to address this through systemic approaches to practice change and tiered approaches to family service delivery.LEARNING OBJECTIVES•Appreciate the needs of families and recognise how these may be addressed by family psychoeducation•Understand the evidence for family psychoeducation•Delineate the key elements of family psychoeducation and consider how it may be applied in practiceDECLARATION OF INTERESTNone.

The Principle of Unity under Article 10 EC and the International Representation of the Union and its Member States

2010 ◽  
Vol 1 (3) ◽  
pp. 301-305
Author(s):  
Josephine van Zeben
Keyword(s):  
Organic Pollutants ◽  
Legal Framework ◽  
Good Faith ◽  
List Type ◽  
Type Number ◽  
Member States ◽  
Common Strategy ◽  
The Common ◽  
International Representation ◽  
Legal Consequences

Case C-246/07 Commission v. Sweden nyr1.Unilateral proposals in the context of an international legal framework regarding alterations of that framework may be interpreted as dissociation from the common strategy within the Council (author’s headnote).2.If such dissociation has (legal) consequences for the Union, it compromises the principle of unity in the international representation of the Union and its Member States and weakens their negotiating power with regard to other parties to the Convention concerned. In such a case, there is a breach of the duty of cooperation in good faith under Article 10 EC (author’s headnote).3.By unilaterally proposing that a substance be listed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, the Kingdom of Sweden failed to fulfil its obligations under Article 10 EC** (official headnote).

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