First major update of mental health laws in half a century

Thursday 04 August 2016

Jersey’s mental health laws have been updated to make them more relevant to the 21st century. It’s the first major overhaul in almost 50 years.

In the introduction to the law the Minister for Health and Social Services says the purpose “is to ensure that the provision of mental health services is underpinned with a modern and clear legal framework which safeguards the rights, dignity and wellbeing of people experiencing mental health problems. It also provides assurance to the Public that those persons and the Public will be protected from harm.”

The new law’s definition of a “mental disorder” is widened so as many people as possible can be helped. There is also a stricter process before anyone can be admitted for treatment, and more safeguards for them if they have been taken in. For instance there are time limits on how long someone can be held for assessment: 28 days, with no possibility of an extension; and for treatment: up to 6 months, which may be renewed for one additional period of 6 months and thereafter for successive periods of 12 months.

Another article in the law creates safeguards – including a second medical opinion – before the administration of certain types of treatment including surgical operations for destroying brain tissue, surgical implantation of chemical castration hormones, and electro-convulsive therapy.

Further articles deal with police powers to arrest people, penalties for helping people with mental disorders escaping from establishments, and guardianship.

Senator Andrew Green, Minister for Health and Social Services said "These new Laws are much-needed and I welcome the fact that they are now lodged and will come before the States Assembly in September. Our perceptions of mental health issues, and our knowledge of the complexity of conditions, has transformed in recent years, and it is essential to have legislation which reflects modern standards and is fit for purpose."

The new law brings Jersey in line with the UK and Guernsey and allows for greater co-operation between the jurisdictions.