{"title":"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。","authors":"Benjamin Andoh","doi":"10.1177/00258024241275901","DOIUrl":null,"url":null,"abstract":"<p><p>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.</p>","PeriodicalId":18484,"journal":{"name":"Medicine, Science and the Law","volume":" ","pages":"258024241275901"},"PeriodicalIF":1.5000,"publicationDate":"2024-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Abolition of 'Discharge By Operation of Law' - patients detained under sections 3 and 37, Mental Health Act 1983.\",\"authors\":\"Benjamin Andoh\",\"doi\":\"10.1177/00258024241275901\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>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.</p>\",\"PeriodicalId\":18484,\"journal\":{\"name\":\"Medicine, Science and the Law\",\"volume\":\" \",\"pages\":\"258024241275901\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2024-09-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Medicine, Science and the Law\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://doi.org/10.1177/00258024241275901\",\"RegionNum\":4,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medicine, Science and the Law","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1177/00258024241275901","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
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.
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.