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 The Mental Health Act 1983 provides for the
compulsory admission and treatment of persons with mental disorder.
Underpinning all legislation in the UK relating to detention
is the European Convention on Human Rights. The Article 5 right to
liberty and security of person is the right that most directly
affects the drafting and application of mental health law:
5.1 Everyone has the right to liberty and
security of person. No one shall be deprived of his liberty save in
the following cases and in accordance with a procedure prescribed
by law: …(e) the lawful detention of persons for the prevention of
the spreading of infectious diseases, of persons of unsound mind,
alcoholics or drug addicts or vagrants.
Convention rights have been incorporated into
domestic law by the Human Rights Act (HRA) 1998. The HRA 1998
enables people to have cases involving possible breaches
of their human rights heard in a UK court. It places a duty on
public authorities to act in accordance with the Convention and
obliges judges to interpret the law in line with the
Convention.
This module deals with the criteria and
definitions for detention provided by the Mental Health Act
1983.
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module
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