Mental Health, Incapacity and the Law in Scotland

Jill Stavert is Professor of Mental Health and Capacity Law and Director of the Centre for Mental Health and Capacity Law at Edinburgh Napier University

Ch 1 – The law in context; Ch 2 – Statutory framework; Ch 3 – Key organisations; Ch 4 – Supporting the service user; Ch 5 – Patients’ rights; Ch 6 – Care in hospital; Ch 7 – Consent to treatment; Ch 8 – Patients unable to consent; Ch 9 – Restraint, force and detention; Ch 10 – Preparing for future incapacity; Ch 11 – Compulsory measures; Ch 12 – Short-term detention; Ch 13 – Emergency detention; Ch 14 – Compulsory treatment orders; Ch 15 – Compulsory treatment orders: reviews, appeals and suspension; Ch 16 – Medical treatment; Ch 17 – Rights of patients subject to orders;
Ch 18 – Restrictions on detained patients; Ch 19 – Hospital transfers; Ch 20 – Breach of orders, unauthorised absences and offences; Ch 21 – Transitional arrangements; Ch 22 – Representation at the tribunal; Ch 23 – Tribunal procedure; Ch 24 – Adults with Incapacity Act; Ch 25 – Authorising welfare decisions; Ch 26 – Financial management; Ch 27 – Community care; Ch 28 – Duty to provide services; Ch 29 – Paying for care; Ch 30 – People at risk; Ch 31 – Personal life; Ch 32 – Housing; Ch 33 – Education and employment; Ch 34 – Consumer rights; Ch 35 – Civil rights and public life; Ch 36 – Protection against discrimination; Ch 37 – Respect for diversity; Ch 38 – Issues for people with dementia; Ch 39 – People with learning disabilities; Ch 40 – Refugees and asylum seekers; Ch 41 – Children and young people; Ch 42 – Carers; Ch 43 – Criminal law and mental health; Ch 44 – Special measures for suspects and witnesses; Ch 45 – The criminal court process: from arrest to sentence; Ch 46 – The criminal court process: sentencing; Ch 47 – Care in prison and hospital transfers; Ch 48 – Impact of criminal justice orders and patients’ rights; Ch 49 – Health and care standards; Ch 50 – Complaints; Ch 51 – Legal remedies; Ch 52 – Official enquiries

APPENDICES
Appendix 1 – European Convention on Human Rights
Appendix 2 – UN Convention on the Rights of Persons with Disabilities and Optional Protocol