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.
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.