Is Capacity “In Sight”?

Neil Allen

International Journal of Mental Health and Capacity Law · 2014 · 36 citations · 0 references

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Abstract

<p>Convicted of rape, Mr B was sent to Broadmoor. His psychiatrist diagnosed bipolar affective disorder and wanted, if necessary, to compulsorily treat him with anti-psychotic medication. In his professional opinion, Mr B lacked insight into his condition and lacked the capacity to refuse the treatment. Baroness Hale once remarked that “psychiatry is not an exact science”. If there was ever a case to confirm that view, this is it.</p>