Legal issues in mental health Michael Eburn and Julia Werren School of Law UNE, Armidale.

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Presentation transcript:

Legal issues in mental health Michael Eburn and Julia Werren School of Law UNE, Armidale.

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault.

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board Disciplinary Protect the community and professional standards.

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board Disciplinary Protect the community and professional standards.

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Incident Police Criminal law Punish offender Act as deterrence Proof Beyond reasonable doubt Lawyers Tort law Compensate victim Assault/Negligence Proof Balance of Probabilities Coroner Investigates fires and deaths. Cant make findings of fault. HCCC/Board Disciplinary Protect the community and professional standards.

UNE 13 December 2002 Michael Eburn & Julia Werren- Legal Issues in Mental Health Scenario Wayne – a forensic patient on leave Injures one health care worker. Restrained by another. Is killed whilst running away. What are the legal issues?