ABSTRACT
This chapter considers the role of law in mental healthcare provision under the Mental Health Act 1983. The main purpose of mental health legislation is to ensure that some patients suffering from a mental disorder as defined are forced to accept admission to hospital and/or compulsory treatment without their consent. The chapter reviews the changes brought about by the 2007 Act and consider the wider implications that may flow from them. The implications of the new 'appropriate medical treatment' test will then be considered in conjunction with the detention criteria under the 2007 Act. Since the 1998 Act came into force, all public authorities are under a legal duty to make decisions which are compatible with the European Convention on Human Rights. The chapter describes and analyses the new and wider roles and responsibilities of mental health professionals in the assessment, treatment and discharge process and an evaluation will be made of the new community treatment orders.
