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Journal articles on the topic 'Legal ethics – Wales'

Author: Grafiati

Published: 25 July 2024

Last updated: 31 July 2025

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1

Sherr, Avrom, and Lisa Webley. "Legal ethics in England and Wales." International Journal of the Legal Profession 4, no. 1-2 (1997): 109–38. http://dx.doi.org/10.1080/09695958.1997.9960428.

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2

Griffiths-Baker, Janine. "Reviewing Legal Ethics and Legal Education in England and Wales—An Unenviable Task?" Legal Ethics 10, no. 2 (2007): 121–23. http://dx.doi.org/10.1080/1460728x.2007.11423887.

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3

Jones, RG. "Ethical and legal issues in the care of people with dementia." Reviews in Clinical Gerontology 11, no. 3 (2001): 245–68. http://dx.doi.org/10.1017/s0959259801011364.

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This paper addresses some ethical and legal issues which arise in the UK in the care of people with dementia, focusing on the law in England and Wales – updating and revising the 1997 and earlier version. The ‘end of medical ethics’ continues to be debated, with an attendant fear of doctors’ responsibility and authority being fatally eroded by administrators and cost controllers, concerned only with budgets and ‘bureaucratic parsimony’.

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4

Madhloom, Omar. "A Kantian Moral Cosmopolitan Approach to Teaching Professional Legal Ethics." German Law Journal 23, no. 8 (2022): 1139–57. http://dx.doi.org/10.1017/glj.2022.74.

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AbstractThis article argues that given the globalization of legal education and legal services, professional legal ethics should incorporate not only a cosmopolitan dimension but also sentiments such as compassion, respect, and sensitivity for human suffering. Inspired by the philosophy of Immanuel Kant and his theory of education, this article seeks to address some of the limitations of the professional codes of conduct for barristers and solicitors, in England and Wales, by applying a moral cosmopolitan approach to the teaching of professional legal ethics. This normative approach is undersc

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5

Taylor, Richard, and Jessica Yakeley. "Working with MAPPA: ethics and pragmatics." BJPsych Advances 25, no. 3 (2019): 157–65. http://dx.doi.org/10.1192/bja.2018.5.

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SUMMARYMulti-agency public protection arrangements (MAPPA) have been in operation for around 18 years in England and Wales. The primary purpose is for the sharing of information between agencies regarding the risk management of offenders returning to the community from custodial and hospital settings. The legal framework regarding information by psychiatrists is not dealt with in one single policy or guidance document. Psychiatrists must use their clinical and professional judgement when engaging with the MAPPA process, mindful of guidance available from professional bodies such as the Royal C

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6

Doran, Evan, Jennifer Fleming, Christopher Jordens, Cameron L. Stewart, Julie Letts, and Ian H. Kerridge. "Managing ethical issues in patient care and the need for clinical ethics support." Australian Health Review 39, no. 1 (2015): 44. http://dx.doi.org/10.1071/ah14034.

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Objective To investigate the range, frequency and management of ethical issues encountered by clinicians working in hospitals in New South Wales (NSW), Australia. Methods A cross-sectional survey was conducted of a convenience sample of 104 medical, nursing and allied health professionals in two NSW hospitals. Results Some respondents did not provide data for some questions, therefore the denominator is less than 105 for some items. Sixty-two (62/104; 60%) respondents reported occasionally to often having ethical concerns. Forty-six (46/105; 44%) reported often to occasionally having legal con

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7

Marks, M. N., and R. Kumar. "Infanticide in England and Wales." Medicine, Science and the Law 33, no. 4 (1993): 329–39. http://dx.doi.org/10.1177/002580249303300411.

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In England and Wales children under one year of age are at four times greater risk of becoming victims of homicide than either older children or the general population. The annual rate of infant homicide (45 per million) has remained relatively constant since the Homicide Act (1957) in contrast with a progressive fall in the infant mortality rate. Details from Home Office records of all infants under a year who were the victims of homicide during 1982–1988 are presented. Infants were most at risk on the first day of life — neonates accounted for 21% of victims and 13% of the victims were betwe

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Menezes, S. B., F. Oyebode, and M. S. Haque. "Mentally disordered offenders in Zimbabwe and in England and Wales: a socio-demographic study." Medicine, Science and the Law 47, no. 3 (2007): 253–61. http://dx.doi.org/10.1258/rsmmsl.47.3.253.

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Our aim was to compare socio-demographic, clinical and criminal characteristics of mentally disordered offender patients in a special institution in a developing and a developed country. Zimbabwe data from 1980-1990 was obtained from a hospital patient survey, in a written semi-structured format. The English special (high security) hospital patients' data for the same period was obtained from the case register. The sample size for Zimbabwe was 367 patients (337 males, 30 females) and for England and Wales it was 1,966 patients (1,643 males, 323 females). The average age for Zimbabwean patients

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Andoh, Benjamin. "The Informal Patient in England and Wales." Medicine, Science and the Law 40, no. 2 (2000): 147–55. http://dx.doi.org/10.1177/002580240004000211.

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The informal status of a patient is a very important topic because the vast majority of mental patients in hospital are informal. The origins of the status are traced to the Royal Commissions of 1924–6 and 1954–7 which recommended voluntary admissions and informal admissions, respectively. It is pointed out, inter alia, that it is only generally true to say the informal patient has consented to admission and cannot be treated without his or her consent because exceptionally he or she can be given such treatment, e.g. on the grounds of necessity, as held by the House of Lords in R v Bournewood

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10

Prins, Herschel. "Inquiries after Homicide in England and Wales." Medicine, Science and the Law 38, no. 3 (1998): 211–20. http://dx.doi.org/10.1177/002580249803800306.

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Recent instruction from the Department of Health requires the institution of an independent inquiry into all cases of homicide committed by those who have been in contact with the psychiatric services. The background to this instruction is explored briefly within the context of more general concerns about violence and homicide, and the advantages and disadvantages of such inquiries are discussed.

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11

Brown, Penelope. "Unfitness to plead in England and Wales: Historical development and contemporary dilemmas." Medicine, Science and the Law 59, no. 3 (2019): 187–96. http://dx.doi.org/10.1177/0025802419856761.

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Fitness to plead refers to a criminal defendant’s ability to participate at trial. The purpose of fitness-to-plead laws is to protect the rights of vulnerable individuals who are unable to defend themselves in court and to preserve natural justice in the legal system while balancing the needs to see justice served and protection of the public. Early legal systems treated mentally disordered defendants with leniency, but over time those found unfit to plead have been subjected to indefinite incarceration, breaching their right to liberty while protecting their right to a fair trial. Conversely,

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12

Cameron, J. M. "Book Review: Coroners' Records in England and Wales." Medicine, Science and the Law 28, no. 4 (1988): 344–45. http://dx.doi.org/10.1177/002580248802800418.

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13

Campbell, Elaine. "Regulating Clinic: Do UK Clinics Need to Become Alternative Business Structures Under the Legal Services Act 2007?" International Journal of Clinical Legal Education 20, no. 1 (2014): 519. http://dx.doi.org/10.19164/ijcle.v20i1.19.

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<p>In clinical legal education circles we tend to focus on the pedagogical aspects of our work. We enjoy lively debate on topics such as assessment, skills, ethics, student self-efficacy, the role of reflection and balancing the needs of the student with the needs of the client. Rarely do we speak or write about the legal framework regulating the work that occurs in clinics. However, the regulatory landscape is changing, and rapidly.</p><p>The Legal Services Act 2007 allows organisations that are owned or managed by non-lawyers to provide regulated legal services. It permits

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Marks, M. N., and R. Kumar. "Infanticide in Scotland." Medicine, Science and the Law 36, no. 4 (1996): 299–305. http://dx.doi.org/10.1177/002580249603600405.

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Details from Scottish Office records of all infants under a year who were the victims of homicide in Scotland during 1978–1993 are presented and compared with results from studies of infant homicide in England and Wales. Although Scottish homicide rates in the total population are much higher than those in England and Wales, the annual Scottish infanticide rate (43/million) is remarkably similar to that of England and Wales (45/million). In addition, characteristics of victims and perpetrators are also similar between the two regions. As with England and Wales, in Scotland the younger the infa

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Moulton, Benjamin, and Jaime S. King. "Aligning Ethics with Medical Decision-Making: The Quest for Informed Patient Choice." Journal of Law, Medicine & Ethics 38, no. 1 (2010): 85–97. http://dx.doi.org/10.1111/j.1748-720x.2010.00469.x.

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Medical practice should evolve alongside medical ethics. As our understanding of the ethical implications of physician-patient interactions becomes more nuanced, physicians should integrate those lessons into practice. As early as the 1930s, epidemiological studies began to identify that the rates of medical procedures varied significantly along geographic and socioeconomic lines. Dr. J. Alison Glover recognized that tonsillectomy rates in school children in certain school districts in England and Wales were in some cases eight times the rates of children in other districts, with the only sign

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Leadbetter, Martin J. "Fingerprint Evidence in England and Wales – The Revised Standard." Medicine, Science and the Law 45, no. 1 (2005): 1–6. http://dx.doi.org/10.1258/rsmmsl.45.1.1.

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Dixon, Kathleen A. "Unethical conduct by the nurse." Nursing Ethics 20, no. 5 (2013): 578–88. http://dx.doi.org/10.1177/0969733012468465.

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The aim of this study was to uncover and critically examine hidden assumptions that underpin the findings of nurses’ unethical conduct arising from inquiries conducted by the Nurses Tribunal in New South Wales. This was a qualitative study located within a post-structural theoretical framework. Transcripts of five inquiries conducted between 1998 and 2003 were analysed using critical discourse analysis. The findings revealed two dominant discourses that were drawn upon in the inquiries to construct nurses’ conduct as unethical. These were discourses of trust and accountability. The way the nur

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Davison, A. M., J. H. McFarlane, and J. C. Clark. "Differences in Forensic Pathology Practice between Scotland and England." Medicine, Science and the Law 38, no. 4 (1998): 283–88. http://dx.doi.org/10.1177/002580249803800403.

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Scotland and England are part of the United Kingdom but have separate legal systems. These legal differences have a substantial effect on forensic pathology practice, and are probably best appreciated by those pathologists who have worked on both sides of the border. This paper seeks to highlight the differences in forensic pathology practice between Scotland and England, discussing the investigation of death in both countries. It concludes that a knowledge of the Scottish procurator fiscal system of death investigation may be beneficial to those contemplating changes to the coroner system. Al

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Hodson, Nathan. "A care ethics approach to the Gender Kidney Donation Gap." Nursing Ethics 26, no. 7-8 (2018): 2185–94. http://dx.doi.org/10.1177/0969733018806337.

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Many studies have shown that women are more likely than men to be living kidney donors, and the discrepancy is particularly marked in heterosexual couples: wives are more likely than husbands to donate a kidney to their spouse. This ‘ Gender Kidney Donation Gap’ can be understood in terms of Carol Gilligan’s claims about gender differences in ethical decision-making style, making it appropriate to analyse responses to this imbalance using an ethic of care. This article centres the vast majority of living donors, those who donate in the context of a significant pre-existing relationship. A cost

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Huckle, P. L. "A Survey of Sentenced Prisoners Transferred to Hospital for Urgent Psychiatric Treatment over a Three-Year Period in One Region." Medicine, Science and the Law 37, no. 1 (1997): 37–40. http://dx.doi.org/10.1177/002580249703700110.

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This study describes a survey of sentenced prisoners who were transferred to psychiatric hospitals in South Wales under s.47 of the Mental Health Act of 1983 (England & Wales) over a three-year period. During this time there were 29 such transfers of 25 prisoners and all were male. Forty-four per cent were returned to prison to complete their sentence once their mental disorder was treated. Fifty per cent of these prisoners who became patients had a clinical diagnosis of schizophrenia, 13 per cent of recurrent depressive disorder, 4 per cent of a drug-induced psychosis, 4 per cent of hypom

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Simillis, Constantinos. "Euthanasia: a summary of the law in England and Wales." Medicine, Science and the Law 48, no. 3 (2008): 191–98. http://dx.doi.org/10.1258/rsmmsl.48.3.191.

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22

Kong, Camillia. "The Phenomenology and Ethics of P-Centricity in Mental Capacity Law." Law and Philosophy 42, no. 2 (2023): 145–75. http://dx.doi.org/10.1007/s10982-022-09458-6.

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AbstractUnder the Mental Capacity Act 2005 (MCA) in England and Wales, the liberal commitments to subjective freedom guide obligations towards persons who do not lack capacity. For the subject of proceedings who might lack capacity (P), it is less clear as to what obligations orient best interests decision-making on their behalf. The UK Supreme Court has emphasised the centrality of ‘P-centricity’ in best interests decision-making, where there is the legal obligation to consider P’s subjective views and wishes in a holistic consideration of best interests. Unclarity nonetheless persists as to

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23

STAMMERS, TREVOR, and MATT JAMES. "Opt-Outs and Upgrades." Cambridge Quarterly of Healthcare Ethics 23, no. 3 (2014): 308–18. http://dx.doi.org/10.1017/s0963180113000911.

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Abstract:We report on two areas in which UK law and ethics seem out of step with each other. 2013 saw the passing of the Human Transplantation (Wales) Bill, which will introduce an opt-out system of organ donation in Wales from 2015. In the first section, we discuss the convoluted evolution of the Bill and some potential problems that we consider may prevent it from achieving its intended goal of increasing the number of organs transplanted. The prospect of being able to enhance human cognition through cognitive-enhancing drugs (“smart drugs”) also presents a nexus of questions associated with

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Gibbons, Susan MC. "Are UK genetic databases governed adequately? A comparative legal analysis." Legal Studies 27, no. 2 (2007): 312–42. http://dx.doi.org/10.1111/j.1748-121x.2007.00045.x.

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Given the burgeoning of genetic research and proliferation of human genetic databases, especially in the biomedical sphere, this paper explores whether the existing laws and regulatory structures for governing genetic databases in England and Wales are adequate. Through a critical survey of relevant rules, bodies and practices, it argues that the current UK framework is far from ideal in at least five major areas: (1) forms and styles of law used, especially the separate legislative regimes for physical biomaterial and data; (2) core definitions; (3) formal regulatory bodies, licensing and not

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Neades, Barbara L. "Presumed Consent to Organ Donation in Three European Countries." Nursing Ethics 16, no. 3 (2009): 267–82. http://dx.doi.org/10.1177/0969733009102687.

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United Kingdom Transplant reported that, during 2007—2008, a total of 7655 people were awaiting a transplant; however, only 3235 organs were available via the current `opt in' approach. To address this shortfall, new UK legislation sought to increase the number of organs available for donation. The Chief Medical Officer for England and Wales supports the adoption of `presumed consent' legislation, that is, an `opt out' approach, as used in much of Europe. Little research, however, has explored the impact on bereaved relatives, nurses and medical staff of introducing presumed consent legislatio

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Gliksman, Michael. "Gender-Based Differences in the Treatment of Young Offenders by the Police and the Children's Court in New South Wales, Australia." Medicine, Science and the Law 37, no. 2 (1997): 165–69. http://dx.doi.org/10.1177/002580249703700213.

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It has been consistently reported that young males commit crimes with an average frequency five times greater than their female peers. Most data supporting this view are derived from juvenile court and police statistics. Studies using data derived from self-reported behaviour suggest that the true relative frequency may be closer to 2:1. Police and juvenile justice data for the year 1994–5 in New South Wales, Australia, were analysed in an attempt to determine whether court and police statistics might reflect a form of selection bias, where the likelihood of arrest, trial and/or sentence is a

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Madhloom, Omar. "Unregulated Immigration Law Clinics and Kant’s Cosmopolitan Right: Challenging The Political Status Quo." International Journal of Clinical Legal Education 28, no. 1 (2021): 195–243. http://dx.doi.org/10.19164/ijcle.v28i1.1131.

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Unregulated law clinics in England and Wales are prohibited from directly offering immigration advice and assistance. This article argues that this restriction should not be a barrier to teaching immigration law. Kant’s duty-based ethics and his cosmopolitan right can provide a useful normative framework for challenging the political status quo in relation to the regulation of law clinics and policies affecting migrants. It is argued that introducing normative values into Clinical Legal Education can address the limitations of the conventional ‘hired-gun’ model and engender students to a more

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Green, Janet, Philip Darbyshire, Anne Adams, and Debra Jackson. "It’s agony for us as well." Nursing Ethics 23, no. 2 (2014): 176–90. http://dx.doi.org/10.1177/0969733014558968.

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Background: Improved techniques and life sustaining technology in the neonatal intensive care unit have resulted in an increased probability of survival for extremely premature babies. The by-product of the aggressive treatment is iatrogenic pain, and this infliction of pain can be a cause of suffering and distress for both baby and nurse. Research question: The research sought to explore the caregiving dilemmas of neonatal nurses when caring for extremely premature babies. This article aims to explore the issues arising for neonatal nurses when they inflict iatrogenic pain on the most vulnera

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Calveley (née Clark), Julie. "Including adults with intellectual disabilities who lack capacity to consent in research." Nursing Ethics 19, no. 4 (2012): 558–67. http://dx.doi.org/10.1177/0969733011426818.

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The Mental Capacity Act 2005 has stipulated that in England and Wales the ethical implications of carrying out research with people who are unable to consent must be considered alongside the ethical implications of excluding them from research altogether. This paper describes the methods that were used to enable people with severe and profound intellectual disabilities, who lacked capacity, to participate in a study that examined their experience of receiving intimate care. The safeguards that were put in place to protect the rights and well-being of participants are described, and it is argue

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Chiarella, Mary, and Amanda Adrian. "Boundary violations, gender and the nature of nursing work." Nursing Ethics 21, no. 3 (2013): 267–77. http://dx.doi.org/10.1177/0969733013493214.

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Complaints against nurses can be made on several grounds and orders, including removal from the registry of nurses, can be made as a result of these complaints. Boundary violations generally relate to complaints around criminal charges, unsatisfactory professional conduct or professional misconduct or a lack of good character. This article explores the spectrum of boundary violations in the nurse–patient relationship by reviewing disciplinary cases from the New South Wales Nurses and Midwives Tribunal and Professional Standards Committees. The complaints spanned a spectrum of behaviours, from

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Thornton, Vicky. "Lives and choices, give and take: Altruism and organ procurement." Nursing Ethics 26, no. 2 (2017): 587–97. http://dx.doi.org/10.1177/0969733017710985.

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In 2015, Wales introduced a deemed consent: soft opt-out system for organ procurement in order to address the chronic shortage of organs for transplant. Early statistical evidence suggests that this has had a positive impact on cadaveric organ donation. Such a system for procurement has previously been dismissed by the Organ Donation Taskforce, who suggested that opting out could potentially undermine the concept of donated organs as gifts and this could then negatively impact the number of organs offered for transplant. Considerable weight was placed upon the need to retain the altruistic gif

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Atkinson, Sally A. "A Qualitative and Quantitative Survey of Forensic Odontologists in England and Wales, 1994." Medicine, Science and the Law 38, no. 1 (1998): 34–41. http://dx.doi.org/10.1177/002580249803800106.

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Forty forensic odontologists in England and Wales, as listed for the British Association for Forensic Odontology in Spring 1994, were surveyed by post. The 27 responses received, representing 67.5 per cent of those surveyed, were collated. The aims of the survey were to establish the distribution of experience between those forensic odontologists; to confirm the geographic areas covered by them; to establish the most likely source of introduction to forensic work; to ascertain the proportion of work involving court appearances; to establish a pattern of trends or common risk factors, if any, o

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Crichton, John H. M. "Is it Time for a Formal Disciplinary Code for Psychiatric In-Patients in England and Wales?" Medicine, Science and the Law 36, no. 1 (1996): 65–68. http://dx.doi.org/10.1177/002580249603600112.

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Within psychiatric hospitals it is not legal for staff to formally punish a patient for any misdemeanour. The staff response to such an incident is cloaked in therapeutic terms even if it is in effect a disciplinary punishment. To avoid injustice and introduce safeguards into this process Professor Genevra Richardson (1993, 1995) suggests the need for the introduction of a disciplinary code for psychiatric in-patients. This paper discusses the need for better guidance for psychiatric staff and the problems of punitive sanctions on patients.

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Lester, David. "Are Murders and Suicides Committed by Different Methods Intrinsically Different?" Medicine, Science and the Law 36, no. 1 (1996): 28–30. http://dx.doi.org/10.1177/002580249603600106.

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A time-series study of homicide and suicide rates by each method in England and Wales from 1950 to 1985 showed that the sociological correlates of these rates depended upon the method used for killing. This raises the possibility that murder and suicide may not be unitary phenomena, but rather that murder and suicide by particular methods are distinct deviant acts and should be studied separately.

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Coid, Jeremy, Paul Bebbington, Rachel Jenkins, et al. "The National Survey of Psychiatric Morbidity among Prisoners and the Future of Prison Healthcare." Medicine, Science and the Law 42, no. 3 (2002): 245–50. http://dx.doi.org/10.1177/002580240204200309.

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It has long been known that psychiatric disorders are highly prevalent among prisoners (Coid, 1984; Gunn et al., 1991; Maden et al., 1995; Joukamaa, 1995; Bland et al., 1998; Lamb and Weinberger, 1998). However, the Survey of Psychiatric Morbidity Among Prisoners in England and Wales (Singleton et al., 1998) represents a considerable advance on earlier surveys. By using the same standardized psychiatric assessment procedures, and similar questions on medication, service use and social functioning, its findings can be compared with previous national surveys of adults living in private household

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HERISSONE-KELLY, PETER. "Capacity and Consent in England and Wales: The Mental Capacity Act under Scrutiny." Cambridge Quarterly of Healthcare Ethics 19, no. 3 (2010): 344–52. http://dx.doi.org/10.1017/s0963180110000125.

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The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when they may come to lack it. Toward this end, it allows for them to make advance decisions (in effect, refusals of consent to certain forms of tr

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Dolan, Kate, David Lowe, and James Shearer. "Evaluation of the Condom Distribution Program in New South Wales Prisons, Australia." Journal of Law, Medicine & Ethics 32, no. 1 (2004): 124–28. http://dx.doi.org/10.1111/j.1748-720x.2004.tb00457.x.

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Male to male unprotected anal sex is the main route of HIV transmission in Australia. The Australian Study of Health and Relationships, a large, representative population survey of sexual health behaviors, found that six percent of males in the general population have engaged in homosexual activity. These findings were consistent with studies in Europeand North America. Condoms have been shown to reduce the transmission of HIV in the community. Barriers to the use of condoms include access,stigma,and cost? Nevertheless, increased condom use has been reported among homosexual males, sex workers

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Cameron, James, Julian Savulescu, and Dominic Wilkinson. "Raqeeb, Haastrup, and Evans: Seeking Consistency through a Distributive Justice-Based Approach to Limitation of Treatment in the Context of Dispute." Journal of Law, Medicine & Ethics 50, no. 1 (2022): 169–80. http://dx.doi.org/10.1017/jme.2022.21.

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AbstractWhen is life-sustaining treatment not in the best interests of a minimally conscious child? This is an extremely difficult question that incites seemingly intractable debate. And yet, it is the question courts in England and Wales have set out to answer in disputes about appropriate medical treatment for children.

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Shepherd, Victoria, Richard Griffith, Mark Sheehan, Fiona Wood, and Kerenza Hood. "Healthcare professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales: a national survey." Journal of Medical Ethics 44, no. 9 (2018): 632–37. http://dx.doi.org/10.1136/medethics-2017-104722.

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ObjectiveTo examine health and social care professionals’ understanding of the legislation governing research involving adults lacking mental capacity in England and Wales.MethodsA cross-sectional online survey was conducted using a series of vignettes. Participants were asked to select the legally authorised decision-maker in each scenario and provide supporting reasons. Responses were compared with existing legal frameworks and analysed according to their level of concordance.ResultsOne hundred and twenty-seven professionals participated. Levels of discordance between responses and the legal

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Hallett, Nicholas. "To what extent should expert psychiatric witnesses comment on criminal culpability?" Medicine, Science and the Law 60, no. 1 (2019): 67–74. http://dx.doi.org/10.1177/0025802419872844.

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Following the Court of Appeal case of R v Edwards in England and Wales, there has been increasing pressure for expert psychiatric witnesses to comment explicitly on how a defendant’s mental disorder affects their culpability. Culpability is the degree to which a person can be held morally or legally responsible for their conduct, but defining culpability has proved difficult. Mental disorder does not translate easily into degrees of legal culpability. Although psychiatric evidence will often be central to such cases, the determination of culpability is a matter for the court, and experts shoul

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Andoh, Benjamin. "Jurisprudential Aspects of the ‘Right’ to Retake Absconders from Mental Hospitals in England and Wales." Medicine, Science and the Law 35, no. 3 (1995): 225–30. http://dx.doi.org/10.1177/002580249503500309.

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Statutory authority for retaking absconders from mental hospitals has existed ever since county asylums (the forerunners of mental hospitals) were first built in the nineteenth century. Today under the Mental Health Act, 1983 that ‘right’ can be exercised by the police, mental hospital staff, approved social workers, etc. This article looks at jurisprudential aspects of that ‘right’. It points out that ‘right’ actually means ‘power’ (not ‘privilege’, ‘claim’ or ‘immunity’). In addition it argues that the Mental Health Act, 1983 does only confer a power (rather than impose a duty) to retake abs

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Andoh, Benjamin. "An Analysis of When Absconders from Mental Hospitals in England and Wales May Be Retaken." Medicine, Science and the Law 38, no. 1 (1998): 17–27. http://dx.doi.org/10.1177/002580249803800104.

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Clear statutory authority for retaking absconders from mental hospitals has always existed since county asylums, the forerunners of mental hospitals, were first built in the nineteenth century. This article analyses the period within which such absconders may be retaken. It considers both offenders and non-offenders who abscond or go absent without leave and looks critically at the concept of ‘discharge by operation of law', a rule of practice (rather than a statutory rule) now eradicated by s.2(1) of the long overdue Mental Health (Patients in the Community) Act 1995.

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Fovargue, Sara, and José Miola. "The best interests principle and providing treatment for adults without capacity in England and Wales." Clinical Ethics 5, no. 4 (2010): 180–83. http://dx.doi.org/10.1258/ce.2010.010038.

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Parker, Christine, Tahlia Gordon, and Steve Mark. "Regulating Law Firm Ethics Management: An Empirical Assessment of an Innovation in Regulation of the Legal Profession in New South Wales." Journal of Law and Society 37, no. 3 (2010): 466–500. http://dx.doi.org/10.1111/j.1467-6478.2010.00515.x.

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Milroy, C. M. "1. Homicide Followed by Suicide (Dyadic Death) in Yorkshire and Humberside." Medicine, Science and the Law 33, no. 2 (1993): 167–71. http://dx.doi.org/10.1177/002580249303300213.

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In England and Wales 5–10 per cent of homicides are followed by the suicide of the assailant. Fifty-two episodes of homicide-suicide occurring in Yorkshire and Humberside have been studied. Forty-nine of the assailants were male with a mean age of 49 years. There were 65 victims, who were usually the spouse and/or children of the killer. Shooting was the most frequent method of killing and subsequent suicide. The results are compared with other homicide statistics and previously published studies of homicide-suicide.

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Harris, Andrew. "‘Natural’ and ‘Unnatural’ medical deaths and coronial law: A UK and international review of the medical literature on natural and unnatural death and how it applies to medical death certification and reporting deaths to coroners." Medicine, Science and the Law 57, no. 3 (2017): 105–14. http://dx.doi.org/10.1177/0025802417708948.

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In the United Kingdom, when people die, either a doctor writes an acceptable natural cause of death medical certificate, or a coroner (fiscal in Scotland) investigates the case, usually with an autopsy. An inquest may or may not follow. The concept of ‘natural or unnatural cause’ death is not internationally standardized. This article reviews scientific evidence as to what is a natural death or unnatural death and how that relates to the international classification of deaths. Whilst there is some consensus on the definition, its application in considering whether to report to the coroner is m

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Georgieva, Irina, Richard Whittington, Christian Lauvrud, et al. "International variations in mental-health law regulating involuntary commitment of psychiatric patients as measured by the Mental Health Legislation Attitudes Scale." Medicine, Science and the Law 59, no. 2 (2019): 104–14. http://dx.doi.org/10.1177/0025802419841139.

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Previous research illustrated that the laws regulating involuntary placement and treatment of people with mental-health problems are diverse across countries. International studies comparing satisfaction levels between countries are rare. We compared the opinions of professionals and family members about the operation of the national mental-health law regulating forcibly admission and treatment of psychiatric patients in 11 countries: Ireland, Iceland, England and Wales, Romania, Slovenia, Denmark, Germany, Sweden, Norway and India. An online survey design was adopted using a Mental Health Leg

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Hill, Simon A., Elliott Riordan-Eva, and Alexandra Hosking. "Trends in the number of restricted patients in England and Wales 2003–2016: Implications for forensic psychiatry services." Medicine, Science and the Law 59, no. 1 (2019): 42–48. http://dx.doi.org/10.1177/0025802419825596.

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This paper uses data produced by the Ministry of Justice to look for trends in the numbers of various categories of patients detained under the Mental Health Act in England and Wales between 2003 and 2016. Specifically, we have focussed on patients detained with Ministry of Justice restrictions in place. The number of ‘restricted’ patients, who are largely detained in secure psychiatric hospitals, has risen substantially during this period. If this trend continues, there will be the need for further expansion of secure psychiatric beds in the years ahead. Factors driving the increased number o

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Chambers, Douglas R., and John G. Harvey. "Inner Urban and National Suicide Rates, a Simple Comparative Study." Medicine, Science and the Law 29, no. 3 (1989): 182–85. http://dx.doi.org/10.1177/002580248902900302.

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The authors have calculated the suicide rate per million for individual causes of death in the Inner North London Coroner's jurisdiction and also a composite rate for all methods of self-destruction. These have been compared with the rates for England and Wales in the years 1979–1985 inclusive. Also calculated has been a total ‘non-accidental’ death rate comprising all deaths by self-destructive behaviour. For certain causes the two rates are similar but for the remainder there are wide differences. The effect of the law relating to suicide verdicts has been described and its effects discussed

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Mason, T. "Seclusion Theory Reviewed— A Benevolent or Malevolent Intervention?" Medicine, Science and the Law 33, no. 2 (1993): 95–102. http://dx.doi.org/10.1177/002580249303300202.

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The Special Hospital Service Authority for England and Wales undertook an extensive international literature review on seclusion as a basis for a proposed extended research project on seclusion in the Special Hospital system. The review highlighted the theoretical foundations of seclusion to be based on therapy, containment or punishment; however, there appeared little work carried out in examining the underlying attitude to these central themes. It was suggested that a further level of analysis, by measuring these attitudes along a benevolent-malevolent scale, may prove helpful in advancing o

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