Articles for tag: forensic, GMC, law, MCA, MHA, psychiatry, regulation, standards

Is Forensic Psychiatry More a Legal Than a Medical Discipline?

This paper examines the contemporary nature of forensic psychiatry in the United Kingdom, arguing that the discipline has undergone a fundamental transformation over the past fifteen years. Through an analysis of daily practice, statutory frameworks, and professional competencies, this paper proposes that forensic psychiatry has evolved into a predominantly legal-administrative discipline wherein medical knowledge serves an instrumental rather than primary function. Introduction Since its poorly defined origins around 1808, psychiatry has struggled with questions of identity and purpose. This identity ...

Bonkers medicine in India

The bedrock of modern medicine rests upon the firm principles of evidence-based practice and scientific rigour. Yet, across the global healthcare landscape, unsettling developments frequently expose the considerable vulnerability of these foundations to external pressures. Recent policy decisions in India, particularly concerning the integration of allopathic medicine with homeopathy, serve as a stark and disquieting case study. These compel a critical examination of how socio-political forces can decisively outweigh scientific consensus. This intricate interplay carries substantial implications especially for psychiatry; ...

Dissecting Section 62(1) Mental Health Act 1983: Treatment Authority and Non-delegation

This article aims to dissect and clarify intricate aspects of the Mental Health Act 1983 (MHA), particularly regarding treatment authorisation under Section 58 and emergency powers under S62(1). This is vital for all healthcare professionals involved in the care of patients under the Act. See background in Section 62(1): the hard boundary between law and ethics – Investigative Psychiatry, Feb 2025. The core issues that emerge are non-delegation of Statutory duties to persons who are not the Approved Clinician or ...

Trouble in NZ: Homicide and Insanity twice

In a case described as “shrouded in secrecy,” a man in New Zealand has been found not guilty of murder by way of insanity twice after committing two separate homicides . The first killing occurred over two decades ago, during which he was ruled legally insane and designated a “special patient” under New Zealand’s Mental Health Act—a status reserved for individuals deemed a high risk to public safety due to severe mental illness. Despite being subject to psychiatric oversight, the ...

Section 136: A Framework in Crisis

From 2017 changes to the MHA 1983 reduced the period of detention under 136 from 72 hours to 24 hours, with a provision to extend to 36 hours. Mental Health Services had struggled to deliver when the timeframe was 72 hours. Now they struggle even more, leading to unquantified instances nationally where Trusts have had to resort to common law – a move that is ‘Back to the Past‘. This article provides an in-depth analysis of Section 136 of the ...

Section 62(1): the hard boundary between law and ethics

In a previous post I unpacked some of the key issues in Section 62(1). Appropriate study of this article will necessitate digestion of Fathoming Section 62 of the MHA 1983 – Investigative Psychiatry (April 2024). Understanding of this article depends on having a foundational understanding of Statute Law, what it means and the power of it. For the avoidance of doubt or arbitrary inference, I do not relish patients suffering or promote the suffering of patients in any related matter. ...

Is Diagnosis in Psychiatry More Art Than Science?

The claim that psychiatric diagnosis is “an art, not a science” is a dangerous myth, often perpetuated to the detriment of those struggling with mental illness. This misconception implies a reliance on subjective guesswork rather than the rigorous application of scientific principles that underpin other medical fields. While psychiatric diagnosis certainly presents unique complexities, it is undeniably grounded in scientific methodology. The idea of “art vs. science” in psychiatric diagnosis is squarely challenged. This exploration covers the science behind diagnosis, ...

The Expert Witness Instruction Process

This article follows from and should be read in conjunction with The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists – Investigative Psychiatry The process of instructing an expert witness in a legal matter can be divided into two key stages: the initial approach and the formal instruction. Understanding the purpose and content of each stage is crucial for both the instructing party and the expert, ensuring clarity, legal compliance, and a smooth working relationship. Instructions are ...

Mental Health Tribunals

This article provides a detailed explanation of Mental Health Tribunals (MHTs) within the context of the Mental Health Act (MHA) 1983 in England and Wales. The MHA 1983 (Amended 2007) provides the legal framework for the compulsory admission to hospital for treatment or assessment of individuals experiencing mental disorders that may pose a risk to their own health or safety, or the safety of others. The Mental Health Act Manual by Richard Jones is the best resource for information on ...

The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists

Part 1: Defining the Role in Legal Proceedings Introduction The role of the expert witness is frequently misunderstood. Contrary to certain portrayals in American media, which often depict expert witnesses as partisan advocates, expert witnesses within the UK legal system bear an overriding duty to the court itself. This fundamental distinction is crucial for a comprehensive understanding of the function and obligations of expert witnesses within the UK legal framework. Expert witnesses are individuals possessing specialised knowledge and expertise within ...