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EDITOR
Birmingham summarises the latest version of the proposed new
Mental Health Act.1 I was surprised, however, that the
proposals have attracted as much libertarian opposition as the several
earlier announcements. The consultation document promises that now, a
primary aim is to bring the law more closely into line with modern law
on human rights. The government had already adopted the phrase
"medical treatment" in preference to the current "treatment in
hospital" to achieve one of its key aims
compulsory care in the
community. It has now embraced even further the wording of the leading
European human rights case,2 and as Birmingham notes,
dropped completely the "detention to manage behaviour" approach.
In the new draft bill, compulsory treatment requires that a patient
must have a mental disorder of such a nature or degree as to warrant
the provision of medical treatment. In my view this is a much better