Slides in this set
MENTAL CAPACITY ACT 2007
Provides guidance on the ability of people to give
s.2(1) - a person lacks capacity if they are unable
to make a decision for themselves because of
impairment or disturbance in the functioning of
the mind or brain.
This includes inability to:
Communicate information…read more
MISTAKE ABOUT THE IDENTITY OF
R v Richardson 1999
D was a dentist who had been suspended by the
General Dental Council.
However, she continued to treat patients until she
was eventually detected and prosecuted.
She was convicted of six counts of ABH, on the basis
that her fraud as to her continued entitlement to
practise `negatived' her patients' consent.
The Court of Appeal, though describing her behaviour
as `reprehensible' (i.e. disgraceful), allowed the
The patients were consenting to treatment by her. It
was irrelevant that they would not have consented
had they known the truth.
D was found not guilty.…read more