The Mental Health Act 1990 and The Mental Health (Criminal Procedure) Act 1990 Are Up For Review
The Hon. Greg James QC, President of the Mental Health Review Tribunal, has examined options for reform of mental health within the prison sector. The central issue considered in this review is the appropriate authority or person to make decisions in relation to the terms and conditions of detention, release and conditional release of forensic patients. The Paper provides a discussion of various reform options in relation to such decision-making, including arguments for and against replacing the current system of executive discretion with a more structured system operating through the Mental Health Review Tribunal or the courts. The paper also examines the therapeutic and detention mechanisms for forensic patients and the inter relationship of the mental health and justice systems, as well as the role of victims in those systems, with a discussion of various options. Consequential and complementary options are also considered.