{"title":"改变精神健康审查法庭的举证责任:2001年《1983年精神卫生法(补救)令》","authors":"R. Pezzani","doi":"10.1080/1478994031000078717","DOIUrl":null,"url":null,"abstract":"Whereas: (a) sections 72(1) and 73(1) of the Mental Health Act 1983(1) have been declared(2) under section 4 of the Human Rights Act 1998(3) to be incompatible with a Convention right(4); (b) the time for bringing an appeal has expired and no appeal has been brought within that time; (c) the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(5) to make such amendments to the Mental Health Act 1983 as he considers necessary to remove the incompatibility; and (d) it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament; Now, therefore, the Secretary of State in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a) of Schedule 2 to, the Human Rights Act 1998 hereby makes the following Order:","PeriodicalId":47524,"journal":{"name":"Journal of Forensic Psychiatry & Psychology","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2003-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1478994031000078717","citationCount":"4","resultStr":"{\"title\":\"Changing the burden of proof in mental health review tribunals: the Mental Health Act 1983 (Remedial) Order 2001\",\"authors\":\"R. Pezzani\",\"doi\":\"10.1080/1478994031000078717\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Whereas: (a) sections 72(1) and 73(1) of the Mental Health Act 1983(1) have been declared(2) under section 4 of the Human Rights Act 1998(3) to be incompatible with a Convention right(4); (b) the time for bringing an appeal has expired and no appeal has been brought within that time; (c) the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(5) to make such amendments to the Mental Health Act 1983 as he considers necessary to remove the incompatibility; and (d) it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament; Now, therefore, the Secretary of State in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a) of Schedule 2 to, the Human Rights Act 1998 hereby makes the following Order:\",\"PeriodicalId\":47524,\"journal\":{\"name\":\"Journal of Forensic Psychiatry & Psychology\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2003-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/1478994031000078717\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Forensic Psychiatry & Psychology\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://doi.org/10.1080/1478994031000078717\",\"RegionNum\":4,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Forensic Psychiatry & Psychology","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1080/1478994031000078717","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Changing the burden of proof in mental health review tribunals: the Mental Health Act 1983 (Remedial) Order 2001
Whereas: (a) sections 72(1) and 73(1) of the Mental Health Act 1983(1) have been declared(2) under section 4 of the Human Rights Act 1998(3) to be incompatible with a Convention right(4); (b) the time for bringing an appeal has expired and no appeal has been brought within that time; (c) the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(5) to make such amendments to the Mental Health Act 1983 as he considers necessary to remove the incompatibility; and (d) it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament; Now, therefore, the Secretary of State in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a) of Schedule 2 to, the Human Rights Act 1998 hereby makes the following Order:
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