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R V Bournewood Community And Mental Health NHS Trust
In ''R v Bournewood Community and Mental Health NHS Trust'' the House of Lords ruled that a man who had been admitted to a psychiatric hospital without capable consent had not been unlawfully detained under the common law. A later European Court of Human Rights ruling, however, found that the man had been unlawfully deprived of his liberty in the meaning of Article 5 of the European Convention on Human Rights. Facts HL was an adult male who was autistic and had profound learning disabilities. He had lived in Bournewood Hospital from the age of 13 for over thirty years. In 1994 he was discharged into the community to live in an adult foster placement with carers Mr and Mrs 'E'. On 22 July 1997 HL became agitated at a day centre he attended and was admitted to the Accident and Emergency Department at Bournewood Hospital under sedation. Due to the sedative, HL was compliant and did not resist admission, so doctors chose not to admit him using powers of detention under the Ment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Law In The United Kingdom
{{disambig ...
Mental may refer to: * of or relating to the mind Films * ''Mental'' (2012 film), an Australian comedy-drama * ''Mental'' (2016 film), a Bangladeshi romantic-action movie * ''Mental'', a 2008 documentary by Kazuhiro Soda * ''Mental'', a 2014 Odia language remake of the 2010 Telugu film ''Seeta Ramula Kalyanam'' * ''Jai Ho'', a 2014 Indian action drama film originally titled ''Mental'' Other uses * ''Mental'' (TV series), a 2009 TV series produced by Fox Telecolombia * ''Mental'' (album), a 2014 album by KJ-52 *"Mental", a song by Eels from their 1996 album ''Beautiful Freak'' See also * * Mental disability (other) * Mental foramen, an opening on the anterior surface of the mandible * Mental health Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles Stress (biology), stress, interpersonal relationships, and decision-maki ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Legal History Of The United Kingdom
Mental may refer to: * of or relating to the mind Films * ''Mental'' (2012 film), an Australian comedy-drama * ''Mental'' (2016 film), a Bangladeshi romantic-action movie * ''Mental'', a 2008 documentary by Kazuhiro Soda * ''Mental'', a 2014 Odia language remake of the 2010 Telugu film ''Seeta Ramula Kalyanam'' * ''Jai Ho'', a 2014 Indian action drama film originally titled ''Mental'' Other uses * ''Mental'' (TV series), a 2009 TV series produced by Fox Telecolombia * ''Mental'' (album), a 2014 album by KJ-52 *"Mental", a song by Eels from their 1996 album ''Beautiful Freak'' See also * * Mental disability (other) * Mental foramen The mental foramen is one of two foramina (openings) located on the anterior surface of the mandible. It is part of the mandibular canal. It transmits the terminal branches of the inferior alveolar nerve and the mental vessels. Structure The ..., an opening on the anterior surface of the mandible * Mental health {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights Cases Involving The United Kingdom
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *'' The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Act 2007
The Mental Health Act 2007 (c 12) is an Act of the Parliament of the United Kingdom. It amended the Mental Health Act 1983 and the Mental Capacity Act 2005. It applies to people residing in England and Wales. Most of the Act was implemented on 3 November 2008.Mental Health Act 2007: key documents from Department of Health website. accessed 14 November 2008 It introduced significant changes which included: * Introduction of Supervised Community Treatment, including Community Treatment Orders (CTOs). This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HL V UK (2004)
In the case ''HL v United Kingdom'' (45508/99) the European Court of Human Rights found that the informal admission to a psychiatric hospital of a compliant but incapacitated adult was in contravention of Article 5 of the European Convention on Human Rights. The court found that the distinction between actual and potential detention relied upon by the UK House of Lords in their ruling that HL had not been detained in '' R v Bournewood Community and Mental Health NHS Trust'' was not of central importance under Article 5. The European Court also held that the practice of informal admission of compliant but incapacitated adults who were ''de facto'' detained was not 'in accordance with a procedure described by law' and thus was not lawful under the Convention.''HL v. UK'' (2004) - App no 45508/99; 40 EHRR 761 The case resulted in major changes to the admission procedures for incapacitated adults to care homes and hospitals in the UK where they are, or may be, deprived of their liber ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a claim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Capacity Act 2005
The Mental Capacity Act 2005 (c 9) is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. Key features of the Act The five statutory principles The five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision-making, as far as they are able to do so. Summary of other key elements of the Act * The Act makes provision for people to plan ahead for a time when they may need support. This introduces advance decisions to refuse treatment. * The decision (or question) under consideration must be time and decision specific. * The Act upholds the principle of Best Interest for the individual concerned. * A Court of Protectio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine Of Necessity
The doctrine of necessity is the basis on which extra-constitutional actions by administrative authority, which are designed to restore order or attain power on the pretext of stability, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone. In a controversial 1954 judgment, Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by Governor General, Ghulam Mohammad. In his judgment, the Chief Justice cited Bracton's maxim, 'that which is otherwise not lawful is made lawful by necessity', thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing. The doctrine of nece ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English Ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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