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  • 1
    ISBN: 9781032128375 , 9781032128405
    Language: Undetermined
    Pages: 1 Online-Ressource (21 p.)
    Keywords: Jurisprudence & general issues ; Laws of Specific jurisdictions ; International law reports ; Psychiatry
    Abstract: Socio-technical systems such as video conferencing, digital care work platforms, and electronic health records are taking an increasing role in mental health-related law, particularly since the COVID-19 pandemic. Reflecting on these experiments can help navigate an increasingly digital future for mental health services and the laws that govern them. This chapter looks to England and Wales, where an explicit policy aim to ‘digitise the Mental Health Act’ has seen three key developments: (1) remote medical assessments of persons facing involuntary intervention, (2) the remote operation of tribunals that authorise involuntary interventions, and (3) and the rise of digital platforms for Mental Health Act assessment setup. The chapter argues that although courts appear responsive to the issues posed by the first two developments, there appear to be less obvious oversight of digital platforms used to setup mental health crisis work. The chapter considers legal issues raised by ‘digitising mental health legislation’ and draws in a political economy perspective to reflect on the role of the private sector in emerging configurations of digitised health and social services. It recommends attention to safeguards in both the procurement and commissioning of private sector practices concerning mental health crisis work and in the proliferation of digital platforms in health and social care services
    Note: English
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  • 2
    ISBN: 9781032396071 , 9781032396323
    Language: Undetermined
    Pages: 1 Online-Ressource (24 p.)
    Keywords: Jurisprudence & general issues ; Public health & safety law ; Medical & healthcare law ; Mental health law ; Other branches of medicine
    Abstract: This chapter considers the use of automated and AI-enabled technologies in forensic mental health contexts, focusing on the use of predictive analytics in risk assessment. Risk assessment in forensic mental health care has been the subject of longstanding experimentation in quantitative techniques of prediction. Evolving algorithmic technologies and the increasing complexity of global networks of information and communication technology create additional possibilities, particularly with the advent of remote biometric monitoring and surveillance technologies. This chapter examines the legal implications of these developments by engaging with two threads of Bernadette McSherry’s work: (1) the use of actuarial risk assessments to predict and manage people deemed dangerous or ‘risky’ to themselves or others; and (2) the human rights implications of predictive practices that result in compulsory treatment, supervision or preventive detention of people with mental health conditions and disabilities. It seeks to extend McSherry’s work by considering potential benefits and shortcomings of a human rights-informed approach to governing emerging algorithmic risk assessment technologies in forensic mental health contexts, and identifying avenues for further research to inform critique and reform in this rapidly evolving field
    Note: English
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  • 3
    ISBN: 9781003350644 , 9781032396071 , 9781032396323
    Language: Undetermined
    Pages: 1 Online-Ressource
    Keywords: Jurisprudence & general issues ; Public health & safety law ; Medical & healthcare law ; Mental health law ; Other branches of medicine ; Bernadette McSherry, Coercion, Courts, Criminal Law, Disability, Future, Law Reform, Mental Health Law, Restrictive Practices, Risk and Risk Assessment, Seclusion and Restraint, Sentencing, Technology
    Abstract: This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus
    Note: English
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