Citation

Boyle A. Mod. Law Rev. 2008; 71(3): 433-463.

Copyright

(Copyright © 2008, Modern Law Review Limited, Publisher John Wiley and Sons)

DOI

10.1111/j.1468-2230.2008.00700.x

PMID

unavailable

Abstract

This article will consider the highly charged questions raised by two major sets of law reforms in England and Wales, the Mental Capacity Act 2005 and the Mental Health Act 2007, which, although applying to closely related clinical populations, proceeded along entirely separate legislative paths. By justifying its proposals for reform of mental health legislation on the grounds of ‘risk’, the Government failed to take into account the implications of enforced treatment on patients who may retain decision-making capacity.