All Outputs (37)

‘Appropriate’ medical treatment: what’s in a word? (2012)
Journal Article
Phull, J., & Bartlett, P. (2012). ‘Appropriate’ medical treatment: what’s in a word?. Medicine, Science and the Law, https://doi.org/10.1258/msl.2011.011023

Following the amendments in the 2007 Act, there were several revisions made focusing largely on community treatment orders and deprivation of liberty of persons lacking capacity. One of the amendments included a requirement that ‘appropriate treatmen... Read More about ‘Appropriate’ medical treatment: what’s in a word?.

Mental health law in the community: thinking about Africa (2011)
Journal Article
Bartlett, P., Jenkins, R., & Kiima, D. (2011). Mental health law in the community: thinking about Africa. International Journal of Mental Health Systems, 5(21), https://doi.org/10.1186/1752-4458-5-21

The new United Nations Convention on the Rights of Persons with Disabilities creates a new paradigm for mental health law, moving from a focus on institutional care to a focus on community-based services and treatment. This article considers implem... Read More about Mental health law in the community: thinking about Africa.

'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983 (2011)
Journal Article
Bartlett, P. (2011). 'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983. Medical Law Review, 19(4), https://doi.org/10.1093/medlaw/fwr025

Current English law has few controls on the involuntary treatment of persons detained under the Mental Health Act 1983. In 2001, R (Wilkinson)v. Broadmoor Special Hospital Authority provided some hope that, in conjunction with the Human Rights Act an... Read More about 'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983.

Thinking about the rest of the world: mental health and rights outside the ‘First World’ (2010)
Book Chapter
Bartlett, P. (2010). Thinking about the rest of the world: mental health and rights outside the ‘First World’. In B. McSherry, & P. Weller (Eds.), Rethinking rights-based mental health laws. Hart

Reforming mental disability law in Africa: practical tips and suggestions (2010)
Book
Bartlett, P., & Hamzic, V. (2010). Reforming mental disability law in Africa: practical tips and suggestions. University of Nottingham, Human Rights Law Centre

This report constitutes a major output of the project Designing Mental Health Law in Developing Countries: A Case Study of Lesotho which was directed by Professor Peter Bartlett, Nottinghamshire Healthcare NHS Trust Professor of Mental Health. The re... Read More about Reforming mental disability law in Africa: practical tips and suggestions.

‘You may kiss the bride, but you may not open your mouth when you do so’: policies concerning sex, marriage and relationships in English forensic psychiatric facilities (2010)
Journal Article
Bartlett, P., Mantovani, N., Cratsley, K., Dillon, C., & Eastman, N. (2010). ‘You may kiss the bride, but you may not open your mouth when you do so’: policies concerning sex, marriage and relationships in English forensic psychiatric facilities. Liverpool Law Review, 31(2), https://doi.org/10.1007/s10991-010-9078-5

In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of... Read More about ‘You may kiss the bride, but you may not open your mouth when you do so’: policies concerning sex, marriage and relationships in English forensic psychiatric facilities.

Sex, dementia, capacity and care homes (2010)
Journal Article
Bartlett, P. (2010). Sex, dementia, capacity and care homes. Liverpool Law Review, 31(2), https://doi.org/10.1007/s10991-010-9077-6

This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexua... Read More about Sex, dementia, capacity and care homes.

A matter of necessity? Enforced treatment under the Mental Health Act: R. (JB) v. responsible medical officer Dr A. Haddock, Mental Health Act Commission second opinion appointed doctor, Dr. Rigby, Mental Health Act Commission second opinion appointed Doctor Wood, [2006] E.W.C.A. Civ. 961 (2007)
Journal Article
Bartlett, P. (2007). A matter of necessity? Enforced treatment under the Mental Health Act: R. (JB) v. responsible medical officer Dr A. Haddock, Mental Health Act Commission second opinion appointed doctor, Dr. Rigby, Mental Health Act Commission second opinion appointed Doctor Wood, [2006] E.W.C.A. Civ. 961. Medical Law Review, 15(1), https://doi.org/10.1093/medlaw/fwl027

This case concerned the substantive prerequisites for involuntary treatment under the Mental Health Act 1983 (MHA). The parties agreed that following the European Court of Human Rights ruling in Herczegfalvy v. Austria, treatment for mental disorder... Read More about A matter of necessity? Enforced treatment under the Mental Health Act: R. (JB) v. responsible medical officer Dr A. Haddock, Mental Health Act Commission second opinion appointed doctor, Dr. Rigby, Mental Health Act Commission second opinion appointed Doctor Wood, [2006] E.W.C.A. Civ. 961.

Killing gay men, 1976-2001 (2007)
Journal Article
Bartlett, P. (2007). Killing gay men, 1976-2001. British Journal of Criminology, 47(4), https://doi.org/10.1093/bjc/azl091

The primary claim of this paper is that sufficient consistencies can be shown in the cases studied here and in the related literature that gay sexual homicide constitutes a coherent object of study. That is, in itself, a significant finding. Gay men... Read More about Killing gay men, 1976-2001.

Psychiatric treatment: in the absence of law?: R (on the application of B) v. Ashworth Hospital Authority and another, [2005] U.K.H.L. 20 (2006)
Journal Article
Bartlett, P. (2006). Psychiatric treatment: in the absence of law?: R (on the application of B) v. Ashworth Hospital Authority and another, [2005] U.K.H.L. 20. Medical Law Review, 15(1), https://doi.org/10.1093/medlaw/fwi037

This case concerns the scope of the compulsory treatment provisions of the Mental Health Act 1983. In particular, it determines whether persons confined under that Act may be compulsorily treated for any mental disorder or only for the form of mental... Read More about Psychiatric treatment: in the absence of law?: R (on the application of B) v. Ashworth Hospital Authority and another, [2005] U.K.H.L. 20.

Capacity, Treatment and Human Rights (2004)
Journal Article
Bartlett, P. (2004). Capacity, Treatment and Human Rights

The test of compulsion in mental health law: capacity, therapeutic benefit, and dangerousness as criteria for compulsion (2003)
Journal Article
Bartlett, P. (2003). The test of compulsion in mental health law: capacity, therapeutic benefit, and dangerousness as criteria for compulsion. Medical Law Review, 11(3), https://doi.org/10.1093/medlaw/11.3.326

This paper considers three possible justifications for psychiatric compulsion - dangerousness, capacity and therapeutic benefit.

English Mental Health Reforms: Lessons from Ontario? (2001)
Journal Article
Bartlett, P. (2001). English Mental Health Reforms: Lessons from Ontario?

Legal madness in the nineteenth century (2001)
Journal Article
Bartlett, P. (2001). Legal madness in the nineteenth century. Social History of Medicine, 14(1), https://doi.org/10.1093/shm/14.1.107

Legal sources remain under-exploited in the history of madness, and the legal character of some documents is sometimes unrecognized. This article examines the interrelations between legal and medical histories of madness, and discusses use and availa... Read More about Legal madness in the nineteenth century.

Structures of confinement in nineteenth-century asylums, using England and Ontario as a comparative study (2000)
Journal Article
Bartlett, P. (2000). Structures of confinement in nineteenth-century asylums, using England and Ontario as a comparative study. International Journal of Law and Psychiatry, 23(1), https://doi.org/10.1016/S0160-2527%2898%2900041-7

Traditionally, historians of the care of the insane have understood their work as a branch of medical history. This paper focuses instead on the administrative structures of nineteenth century asylums. These are geographically specific and historica... Read More about Structures of confinement in nineteenth-century asylums, using England and Ontario as a comparative study.

The asylum, the workhouse, and the voice of the insane poor in nineteenth century England (1998)
Journal Article
Bartlett, P. (1998). The asylum, the workhouse, and the voice of the insane poor in nineteenth century England. International Journal of Law and Psychiatry, 21(4), https://doi.org/10.1016/S0160-2527%2898%2900023-5

The history of psychiatry is not merely the history of psychiatrists; it is also the history of patients. In this paper, admission records and case notes of a county asylum are used to consider the attitudes of those confined within it, and how the... Read More about The asylum, the workhouse, and the voice of the insane poor in nineteenth century England.

Sodomites in the pillory in eighteenth-century London (1997)
Journal Article
Bartlett, P. (1997). Sodomites in the pillory in eighteenth-century London. Social and Legal Studies, 6(4), https://doi.org/10.1177/096466399700600406

The arrival of the eighteenth century brought with it new legal attention to sodomitical behaviour. Nowhere was this more notorious and public than in the punishment of those offences in the pillory. This paper argues that the pillory was a product... Read More about Sodomites in the pillory in eighteenth-century London.