Mental health law Mental health law is that area of law that deals with mental conditions . This includes areas in both common law and statute law . Common law , which is based on case law rather than statutes , issues include such concepts as mens rea , insanity defences , sane and insane automatism amongst others . Statute law usually takes the form of a Mental health act or equivalent . An example is the Mental Health Act 1983 in England and Wales . These acts codify aspects of the treatment of mental illness and provides rules and procedures to be followed and penalties for breaches . Mental health acts are largely used in the management of psychosis where a person has lost the ability to test reality . They may also be used for other conditions including personality disorders . The laws generally allow for compulsory treatment in a psychiatric hospital or in the community . In some jurisdictions court orders are required for compulsory treatment while in others treating psychiatrists may treat compulsorily by follo wing set procedures . In the latter case there are usually methods of appeal or regular scrutiny to ensure compliance with the law . Not all countries have mental health acts . The world health report ( 2001 ) lists the following percentages by region for countries in those regions with and without mental health legislation . Regions With legislation No legislation Africa 59% 41% The Americas 73% 27% Eastern Mediterranean 59% 41% Europe 96% 4% South-East Asia 67% 33% Western Pacific 72% 28% Notes ↑   Presence of mental health policies and legislation , The World Health Report 2001 , chap. 4 , fig. 4.1 ( accessed June 8 , 2005 ) . See also Category : Mental health law – for specific articles in this area External links Bazelon Center for Mental Health Law The Mental Health ( Care and Treatment ) ( Scotland ) Act 2003 Office of Public Sector Information website An Introduction to The Mental Health ( Care and Treatment ) ( Scotland ) Act 2003 Scottish Executive website Mental Capacity Act 2005 ( England , Wales ) Categories : Mental health law | Psychosis In other languages : Deutsch who who 