1.Joint Commissioning Panel for Mental Health. Guidance for Commissioners of Older People’s Mental Health Services. London: JCPMH, 2017; SCIE: Assessing the Mental Health Needs of Older People: mental health legislation, 2003. //www.scie.org.uk/publications/guides/guide03/law/leg.asp (Accessed 19 March 2019).
5.R (Munjaz) v. Ashworth Hospital Authority  UKHL 58.
6.Williamson, T. Dementia, Rights, and the Social Model of Disability: A New Direction for Policy and Practice? London: Mental Health Foundation, 2015; BIHR. Mental Health Advocacy and Human Rights: Your Guide. London: British Institute of Human Rights, 2015; Mandelstam M. How We Treat the Sick: Neglect and Abuse in Our Health System. London and Philadelphia: Jessica Kingsley Publishers, 2011, pp. 229–300.
8.With the exception of the MHA, holding power who can be exercised by a non-medical AC.
10.NI Order s3(1).
12.For short-term or longer-term detention.
13.In these jurisdictions, the patient’s nearest relative also has the power to make an application but this is rarely exercised.
14.On admission the patient must be examined immediately by another doctor whose report must support detention.
15.A medical practitioner certified as having ‘special experience’ in the diagnosis and treatment of mental disorder (MHCTA s22).
16.‘Extendable’ in Scotland.
17.Separate legal criteria must be satisfied and procedural requirements followed to lawfully renew/extend detention.
18.Each prepared by an AMP or by one AMP and the patient’s general practitioner.
19.Department of Health. MHA 1983: Code of Practice. 2015. TSO. para 36.3.
20.Zigmond, T. Mental health law across the UK. BJPsych Bulletin 2017; 41(6): 305–307.
21.Szmukler, G, Daw, R, Callard, F. Mental health law and the UN Convention on the Rights of Persons with Disabilities. International Journal of Law and Psychiatry 2014; 37(3): 245–252.
22.Reid v. Secretary of State for Scotland  AC 512.
23.ECHR, Articles 5(4) & 6.
24.MHA s72; s75 lists Tribunal powers exercisable in England and Wales.
25.In England: Tribunal Procedure (First-tier tribunal) (Health, Education and Social care Chamber) Rules 2008; in Scotland: First-tier Tribunal for Scotland Mental Health Chamber Rules of Procedure 2018 (in draft); Wales: Mental Health Review Tribunal for Wales Rules 2008; in Ireland: The Mental Health Review Tribunal (Northern Ireland) Rules 1986.
26.‘General’ member in Scotland.
27.These are lay people.
29.Mental Health (Care and Treatment) (Scotland) Act 2003, section 81.
33.Modernising the Mental Health Act 1983: Final Report at page 17