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Sarah lived in an unsettled home environment and her mental health hasdeteriorated due to the familys situation Sarahs mother has beendepressed as a result of family breakdown and this has also had anegative impact on Sarahs mental health and she spent more time aloneOn visiting the AE the incident that occurred between the hospitalprofessionals MHO and psychiatrist and Sarah instigated the decisionto detain her by compulsion under The Mental Health Care and TreatmentScotland Act 2003 MHCTS 2003 ActThe MHCTS Act 2003 was passed in April 2003 and was implemented in April2005 Professionals involved in mental health care and treatmentco-operated and participated to develop the ActThe MHCTS 2003 Act is a lengthy document containing more than 300sections covering a wide range of issues Generally it includesprinciples roles responsibilities compulsory powers rights andsafeguards It defines the nature powers and duties of people andorganizations that are involved in mental health law It also sets outthe circumstances in which a mentally ill person is treated or detainedon a compulsory basis and the procedures that must be followed HYPERLINK httpwwwscotlandgovuk wwwscotlandgovuk The powers to detain people under the MHCTS 2003 Act by medicalprofessionals were limited An introduction of a judiciary process wasput in place because on its infringement on the Human Rights ActArticle 5 Right to Liberty it clearly states that Everyone has theright to liberty and security of person The article details thecircumstances under which liberty can be taken away including thelawful detention of persons of unsound mind Sec 3 of the Articlestates that the detention should only last as long as the medicaldisorder and its required severity persists HYPERLINKhttpwwwmindorguk wwwmindorguk However the EuropeanConvention on Human Rights has caused the issue to be re-visited as itincludes the principle that deprivation of liberty must be determined inan independent forum In the UK the Convention has been incorporatedinto the Human Rights Act 1998 Heginbotham and Elson 1999 Therecently published consultation on the Mental Health Act
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