ABSTRACT

This chapter covers the most drastic forms of treatment for mental disorder. It covers psychosurgery and any other form of treatment specified by the Secretary of State. The chapter deals with electroconvulsive therapy or any other treatment that is specified by regulations made by the 'appropriate national authority'. The wording of the original Mental Health Act 1983 referred to mental disorder, mental illness, psychopathic disorder and mental impairment. The case involved detailed discussion of the various statutory provisions that apply in Scotland, and it was found that the policy of search and confiscation was contrary to the Mental Health Act 2003. A mental health review tribunal was best suited to determining the merits of a patient's detention, and doing so in a way that was convenient to the patient, readily accessible and comparatively quick. The use of force, and the detention and involuntary treatment of objecting patients, is clearly authorised and regulated by mental health legislation.