Sections of the Mental Health Act Explained

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Sections of the mental health act * Definitions * Section 1 of the mental health act 1983 was amended in 2007. This section of the act defines a mental disorder as 'any disorder or disability of mind ' it goes on to state that a “learning disability” is define as a state of arrested or incomplete development of the mind which also includes impairment of intelligence and social functioning (MHOL, 2010). For the purpose of the act a person who has a learning disability is not considered to be suffering from a mental disorder nor require any hospital treatment unless their disability has been associated with “abnormal aggressive behaviour or irresponsible conduct on their part”. Mind 2010 point out that a person could be…show more content…
It is usually imposed by a crown court. A magistrate’s court can also impose this order however this can only be done after a person has been convicted of an offense that is deemed to be punishable with a prison sentence. If the magistrates court can be satisfied that the offender has committed the offence in question they can impose the hospital order without the need to record a conviction. The court must listen to the evidence received by two doctors and their evidence must satisfy the court that the offender is suffering from a mental illness as described under the definition above and that their detention is appropriate for medical treatment to take place. They must also assert the court that appropriate medical treatment is available for the offender and when considering to imposing the above order the courts must also take into consideration the offenders history and character; any other relevant circumstances and any other alternative methods that could be imposed. All other avenues must also be explored before the court makes its final decision. the evidence given by the doctors must ascertain the court that hospitalisation is the most beneficial course of action to take in this offenders case (MHLO, 2010) Once the order has been imposed it initially lasts for a period of six months then renewable for another six months and then renewable yearly. Persons whom have been detained under this piece of legislation
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