Question 1: Mental Health and Criminal Justice
It is submitted that, “Individuals with mental health problems … fare poorly in the justice system. Police officers and staff often manage the critical gateway that determines whether an individual experiencing a mental health problem enters the justice system or not. Whilst courts and prisons offer later opportunities for diversion, this initial interaction can be the most critical and merits a well-designed, integrated and funded service.” 1
Critically evaluate this statement with reference to relevant primary, secondary sources of law and academic commentary.
1 Kane, Evans and Shokraneh, “Effectiveness of current policing- related mental health interventions: A systematic review” Criminal Behaviour and Mental Health 28: 108–119 (2018)
Question 2: Mental Health Act Reform.
The Government in ‘Reforming the Mental Health Act’2, propose several changes to rebalance current mental health legislation and policy, and place the patient at the centre of the decision-making process.
Critically evaluate whether the proposed reforms will rebalance current approaches to mental health legislation and policy.
2 https://www.gov.uk/government/consultations/reforming-the-mental-health-act/outcome/reforming-the- mental-health-act-government-response. Accessed 22.02.2022.
Question 3: Mental Capacity and Best Interests
Alan is 80 years old and has suffered from Vascular Dementia for the last 10 years. As a result of his condition Alan is very confused and needs supervision to make sure that he does not hurt himself or wander from the house and place himself in danger.
Alan currently lives with his wife, Jacinta, who provides most of his care. Some additional care is provided by Local Authority carers who come to the house once a day to give Jacinta some respite. Recently, however, Jacinta fell and broke her hip and has, therefore, been unable to care for Alan. Alan and Jacinta’s daughter, Alex, moved into her parents’ house on a temporary basis to take care of both her parents while Jacinta recovered.
Alex and the Local Authority carers are concerned about whether Jacinta will be able to provide adequate care for Alan when she recovers. Discussions have, therefore, taken place about Alan moving into a Local Authority care home. Alex and the Local Authority carers think that this is the best course of action, but neither Alan nor Jacinta want this to happen.
Critically evaluate the basis upon which those caring for Alan should make a decision as to where he should live. You should refer to both primary and secondary sources of the law as well and academic commentary in your evaluation.
