The Mental Capacity Act 2005: an opportune time to reflect – OUP Blog

‘More than a decade has passed since the Mental Capacity Act (‘MCA’) received royal assent. Described as a ‘visionary piece of legislation’, the MCA was a significant landmark on the legal landscape. It represented a triumph of autonomy by recognising that, as far as possible, people should play an active role in decisions about their welfare. At the core of the MCA is the fundamental principle that a person must be assumed to have decision making capacity unless it is established that he lacks it. The law therefore assumes that everyone has the ability to act and take decisions in accordance with their own interests, and affords primacy to individual priorities over paternalistic imperatives. Where a person lacks capacity – whether for reasons of learning disability, dementia, brain injury, or some other impairment of or disturbance in the functioning of the mind or brain – the MCA permits decision-makers to act on behalf of the person in accordance with his ‘best interests’. This means that, amongst other things, decision-makers must take into account the person’s past and present wishes and feelings, his beliefs and values, and any other factors that the person would be likely to consider, in order to act in a way which would likely give expression to the person’s autonomy. In this way, the MCA sought to empower people to make decisions for themselves, protect the vulnerable from the excesses of paternalism, and engineer a cultural shift in attitudes to mental impairment and incapacity.’

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OUP Blog, 17th January 2017

Source: www.blog.oup.com

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Suicide is a national crisis. The law must stop hiding its true extent – The Guardian

Posted January 10th, 2017 in coroners, mental health, news, standard of proof, statistics, suicide, young persons by sally

‘It’s the UK’s leading cause of death for young people, but the way suicides are recorded may reduce the true number by 30-50% while perpetuating stigma.’

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The Guardian, 9th January 2017

Source: www.guardian.co.uk

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Senior military judge mishandled trial of jailed marine Alexander Blackman, official report finds – Daily Telegraph

‘Britain’s most senior military judge mishandled the trial of a Royal Marine accused of murdering a wounded Taliban fighter to the extent that his conviction may now be quashed, the body that investigates potential miscarriages of justice has found.’

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Daily Telegraph, 9th January 2017

Source: www.telegraph.co.uk

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Theresa May vows to correct ‘burning injustices’ – BBC News

Posted January 9th, 2017 in Charity Commission, mental health, news, social services, speeches by sally

‘Prime Minister Theresa May has promised to introduce wide-ranging social reforms to correct what she calls the “burning injustices” in modern society.’

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BBC News, 8th January 2017

Source: www.bbc.co.uk

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Woman deceived by undercover officer accuses police of delaying lawsuit – The Guardian

‘A woman who is suing police after discovering that she had a sexual relationship with an undercover officer has accused police of using a variety of delaying tactics to obstruct her legal action.’

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The Guardian, 19th December 2016

Source: www.guardian.co.uk

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Transgender teen who cut parents out of his life wins payout after council let slip his new identity – Daily Telegraph

Posted December 19th, 2016 in damages, families, gender, human rights, mental health, news, transsexuals by sally

‘A transgender teenager who used human rights law to cut his parents out of his life has won thousands of pounds in compensation after a council official let slip his new identity.’

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Daily Telegraph, 18th December 2016

Source: www.telegraph.co.uk

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Prisoner jailed for 45 years over letters threatening to kill people – The Guardian

Posted December 15th, 2016 in harassment, mental health, news, prisons, sentencing, threatening behaviour by tracey

‘A prison inmate who wrote a series of letters from his cell threatening to kill 10 people, including prison staff and police officers, and then have sex with their corpses has been jailed for 45 years.’

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the Guardian, 14th December 2016

Source: www.guardian.co.uk

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Jailed Marine A’s senior officers ‘missed warning signs’ – BBC News

Posted December 15th, 2016 in appeals, armed forces, courts martial, mental health, murder, news, reports by tracey

‘Senior officers missed signs that the unit of a now-jailed marine was suffering from exhaustion, a Royal Navy review has found.’

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BBC News, 14th December 2016

Source: www.bbc.co.uk

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Police ‘could help prevent’ 400 deaths after custody – BBC News

‘Four hundred people killed themselves shortly after being released from police custody in England and Wales in the last seven years, a report says.’

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BBC News, 10th December 2016

Source: www.bbc.co.uk

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Russell Square stabbings: Zakaria Bulhan ‘fit to stand trial’ – BBC News

Posted December 9th, 2016 in fitness to plead, mental health, news, trials by sally

‘A man charged with murdering a US tourist and wounding five other people in a knife attack in central London has been deemed fit to stand trial.’

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BBC News, 8th December 2016

Source: www.bbc.co.uk

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Marine’s conviction for killing Afghan insurgent could be quashed – The Guardian

‘A former Royal Marine serving a life sentence for murdering a wounded Afghan insurgent faces the “real possibility” of having his conviction quashed following the presentation of new evidence, an independent review has found.’

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The Guardian, 6th December 2016

Source: www.guardian.co.uk

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CQC to investigate as mental health detentions hit 10-year high – The Guardian

Posted December 1st, 2016 in detention, mental health, news by sally

‘The health and social care watchdog is to launch an investigation after government figures revealed the number of detentions for mental health treatment had risen to its highest level in at least a decade.’

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The Guardian, 30th November 2016

Source: www.guardian.co.uk

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Our prisons are overflowing with immature and vulnerable men – The Guardian

‘Young men don’t mature psychologically until their mid-20s. Condemning so many to the toxic environment of our jails is a recipe for reoffending and suicide.’

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The Guardian, 1st December 2016

Source: www.guardian.co.uk

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Man jailed for 10 months finds himself still in prison 11 years later – The Independent

Posted November 21st, 2016 in mental health, news, parole, sentencing by sally

‘The Imprisonment for Public Protection scheme was scrapped in 2012 after it emerged it was being used more widely than intended.’

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The Independent, 19th November 2016

Source: www.independent.co.uk

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Ban use of police cells for people in mental health crisis, MPs told – The Guardian

Posted November 16th, 2016 in bills, custody, detention, mental health, news, police by sally

‘People suffering a mental health crisis should never be held in police cells as they find it terrifying and become even more unwell, ministers will be told.’

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The Guardian, 16th November 2016

Source: www.guardian.co.uk

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Regina v Wilcocks – WLR Daily

Regina v Wilcocks

‘The defendant was charged with murder. He admitted that he had strangled his partner, but denied murder on the ground that he had suffered a loss of control and that he had a personality disorder such as to give rise to a defence of diminished responsibility. He was convicted of murder. He applied for permission to appeal against conviction on the grounds that the trial judge had: (i) been wrong to decide that the burden of proof in relation to diminished responsibilty lay on the defendant under section 2 of the Homicide Act 1957, as amended, notwithstanding article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms; (ii) misdirected the jury in relation to the words “general capacity for tolerance or self-restraint” in section 54(3) of the Coroners and Justice Act 2009; and (3) failed to give the jury guidance on the meaning of the word “substantially” in section 2(1)(b) of the 1957 Act.’

WLR Daily, 3rd November 2016

Source: www.iclr.co.uk

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A non-binary outcome – Nearly Legal

‘This is a cautionary tale for DJs and DDJs hearing Equality Act defences. In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Bailii yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence was raised (alongside an Article 8 defence). Mr Stephenson had been responsible for noise nuisance from his (uncarpeted) flat. He suffers from paranoid schizophrenia, the symptoms of which are alleviated but not completely cured by medication.’

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Nearly Legal, 1st November 2016

Source: www.nearlylegal.co.uk

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Treating criminals with anti-psychotic drugs could prevent 1,500 crimes a year, study suggests – Daily Telegraph

Posted November 2nd, 2016 in crime, medical treatment, medicines, mental health, news, recidivists, violent offenders by tracey

‘Prescribing anti-psychotic medication to violent criminals when they leave prison could prevent around 1,500 serious crimes in Britain each year, a new study suggests. Although medicating prisoners on their release is controversial, the University of Oxford believes that it could dramatically cut the risk of violent offending.’

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Daily Telegraph, 1st November 2016

Source: www.telegraph.co.uk

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Coroner says health services ‘missed opportunities’ before journalist’s suicide – The Guardian

Posted October 27th, 2016 in coroners, doctors, inquests, mental health, news, psychiatrists, suicide by sally

‘Daily Mail advice columnist Sally Brampton killed herself after health professionals “missed opportunities” to help her, an inquest has heard.’

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The Guardian, 25th October 2016

Source: www.guardian.co.uk

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Serious case review launched over teenaged Spalding killers – BBC News

Posted October 20th, 2016 in children, mental health, murder, news, social services, young offenders by tracey

‘Review to examine if signs of deviant behaviour were missed in boy and girl, now 15, who killed Elizabeth and Katie Edwards.’

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The Guardian, 19th October 2016

Source: www.guardian.co.uk

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