废除 "依法出院"--根据《1983 年精神健康法》第 3 条和第 37 条被拘留的病人。

IF 1.5 4区 医学 Q1 LAW
Benjamin Andoh
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引用次数: 0

摘要

自从精神病院开始收治病人以来,从精神病院潜逃的现象就一直存在。另外,自 1808 年《郡立精神病院法》颁布后开始建立郡立精神病院(即今天精神病院的前身)以来,就一直存在着收回潜逃者的明确法定权力。目前,1983 年《精神健康法》第 37 条涉及根据医院命令被拘留的病人,但不限制其出院等。另一方面,该法第 3 条规定的是非罪犯但被强制住院治疗的病人。过去,如果被拘留的病人从医院潜逃,并在超过可被重新收监的期限后仍逍遥法外,则被视为自动出院(即 "依法出院")。对于第 3 条和第 37 条规定的病人,1995 年的《精神健康(社区病人)法》实际上废除了这种出院规定。文献中对这一主题的关注并不多。本文仅从法律角度出发。文章简要介绍了何时可以行使从精神病院收回潜逃者的权力,然后探讨了依法出院的概念及其废除。文章的结论是,对于根据 1983 年《精神健康法》第 3 条和第 37 条被拘留的病人而言,废除通过法律的实施而出院的做法虽然早该废除,但却是明智之举,必须予以赞扬。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Abolition of 'Discharge By Operation of Law' - patients detained under sections 3 and 37, Mental Health Act 1983.

Ever since patients started to be admitted into mental institutions, absconding from such institutions has been a fact of life. Also, clear statutory authority to retake absconders has existed since county asylums, the forerunners of today's mental hospitals, started to be built following the County Asylums Act 1808. At present section 37 of the Mental Health Act 1983 concerns patients detained under a hospital order without restrictions on their discharge, etc. Section 3 of the Act, on the other hand, governs patients who are non-offenders but who are compulsorily detained in hospital for treatment. In the past, where a detained patient absconded from hospital and stayed at large beyond the period during which he could be retaken, he was deemed automatically discharged (i.e. 'discharged by operation of law'). Regarding sections 3 and 37 patients, such discharge was effectively abolished by the Mental Health (Patients in the Community) Act 1995. Not much attention has been given to this topic in the literature. This article adopts a solely legal perspective. It looks briefly at when the power to retake absconders from mental hospitals may be exercised and then examines the concept of discharge by operation of law and its abolition. It concludes that the abolition of discharge by operation of law in the case of patients detained under sections 3 and 37, Mental Health Act 1983 was, though long-overdue, sensible and must be applauded.

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来源期刊
Medicine, Science and the Law
Medicine, Science and the Law 医学-医学:法
CiteScore
2.90
自引率
6.70%
发文量
53
审稿时长
>12 weeks
期刊介绍: Medicine, Science and the Law is the official journal of the British Academy for Forensic Sciences (BAFS). It is a peer reviewed journal dedicated to advancing the knowledge of forensic science and medicine. The journal aims to inform its readers from a broad perspective and demonstrate the interrelated nature and scope of the forensic disciplines. Through a variety of authoritative research articles submitted from across the globe, it covers a range of topical medico-legal issues. The journal keeps its readers informed of developments and trends through reporting, discussing and debating current issues of importance in forensic practice.
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