ABSTRACT
It is worth emphasising from the outset that, outside specific statutory provisions, the normal principles of medical law will apply. Thus, simply because someone suffers from a mental illness does not mean that he is automatically subject to different legal principles. Currently, statutory regulation of the care of the mentally ill is governed by the Mental Health Act (MHA) 1983 (see Jones, 2003). The Act is primarily concerned with three things: detention, compulsory treatment and safeguards that protect the patient’s rights. Compulsory treatment is linked to detention, as is compulsory assessment, but the Act does allow a guardianship order or a supervised discharge order to assist the care of the patient in the community.
