A one year analysis of appeals made to mental health review tribunals in New Zealand.
The aim of the paper is to present data on the first year of all appeals lodged with a Mental Health Review Tribunal against compulsory treatment orders of psychiatric inpatients.
Two tribunals have been in operation in New Zealand since the introduction of a new Mental Health (Compulsory Assessment and Treatment) Act in 1992.
The case records of all patients who had appeals heard by either the Northern or Southern regional tribunal from 16/12/92 to 7/12/93 inclusive were examined.
145 appeals were heard by the tribunals : 14.5% of appeal hearings resulted in the discharge of a patient from their compulsory treatment status.
Discharge rates for the Southern Tribunal were found to be significantly higher at 22%, compared with 10% for the Northern Tribunal (p<0.05).
Application for appeal was initiated by the patient in 72% of cases ; District Inspectors initiated the remaining cases.
District Inspectors were found to initiate significantly more female review applications (47%) than male applications (22%) (p<0.05).
Of the appeals heard, 126 were lodged under s. 79 of the Mental Health Act.
The remaining cases were s
80 (special) cases : in no case was discharge from compulsory treatment recommended.
Overall, 69% of appellants were represented by a lawyer.
It was found however that engaging legal representation did not significantly increase patients'chances of successful discharge but did delay the hearings.
Also considered ...
Mots-clés Pascal : Psychiatrie médicolégale, Nouvelle Zélande, Océanie, Internement, Traitement, Justice, Législation, Homme
Mots-clés Pascal anglais : Forensic psychiatry, New Zealand, Oceania, Mentally ill commitment, Treatment, Justice, Legislation, Human
Notice produite par :
Inist-CNRS - Institut de l'Information Scientifique et Technique
Cote : 96-0203363
Code Inist : 002B18G. Création : 199608.