Caring for the Mentally Disturbed
| Author | John Moss |
| DOI | 10.1177/0032258X6003300506 |
| Date | 01 November 1960 |
| Published date | 01 November 1960 |
| Subject Matter | Article |
J0 H N M 0 S
S,
C.B.E.,
Barrister-at-Law
(;aring
for
the
Mentally
Disturbed
THE MENTAL HEALTH ACT, 1959, which came fully into operation
on November I, is based on the recommendations of the Royal
Commission on the law relating to mental illness and mental
deficiency which reported three years ago. The general principles
of these recommendations were accepted by the Government but
in some respects the provisions of the Act differ from them in detail.
The proper treatment of people suffering from mental disorders
and any restrictions on the liberty of individuals which this may
involve are matters of public interest. The police are also concerned
as they may be asked for advice by relatives or friends of mentally
disordered people or may sometimes have to take definite action
themselves. While, however, explaining the effect of the new Act
it may be useful to refer to the system which has been in operation
under the former legislation starting with the Lunacy Act, 1890,
and
culminating in the Mental Treatment Act,
1930.
Mental
defectives have been dealt with specially by the Mental Deficiency
Acts, starting from 1913, but they now come under the one general
code. While general legislation has always laid down the procedures
to be applied before any person can be removed to and detained in a
mental hospital or in a mental deficiency institution or accepted for
treatment without a formal order of detention, the relevant statutes
have authorized special measures in regard to patients charged with
or found to have committed criminal acts who, because of their
mental condition, could not appropriately be dealt with under the
normal criminal law.
Under the Lunacy Act, 1890, the only legal method for providing
care and treatment for persons of unsound mind was for their
certification and removal to an asylum, afterwards known as a
mental hospital. Later, under the Mental Treatment Acts it became
possible for persons to seek care
and
treatment voluntarily in a
mental hospital and a procedure was also brought into operation
for such persons to be taken, against their will, to a hospital as
temporary patients without formal certification. A limited amount
of accommodation has been provided for such persons in other kinds
of hospitals or institutions
but
nearly all the care provided has been
in the mental hospitals. Mental defectives have been cared for in
340 November-December 1960
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