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  1. Police role applying the Mental Capacity Act 2005. The MCA gives a legal basis for providing care and treatment for people aged 16 years and over who lack the mental capacity to give their consent to such care and treatment.

  2. Mental capacity means you have ability to make your own decisions. If you lose mental capacity the Mental Capacity Act 2005 protects you and your rights. You may lose mental capacity because of your mental illness. This section explains mental capacity and how the Act works.

  3. The Act provides a definition of capacity, a functional test for capacity (see Box 1) and a checklist for Best Interest decision making which are under pinned by five key principles (See box 2). The Act is supported by a Code of Practice.

  4. The police have an important role to play in combating discrimination against individuals and groups experiencing mental ill health and those with learning disabilities, and promoting their social inclusion.

  5. Feb 2, 2008 · The act introduces several new concepts and services: a code of practice; a criminal offence for wilful neglect or ill treatment of people without capacity; an independent mental capacity advocate service; and advance decisions.

    • Timothy R J Nicholson, William Cutter, Matthew Hotopf
    • 10.1136/bmj.39457.485347.80
    • 2008
    • BMJ. 2008 Feb 9; 336(7639): 322-325.
  6. The Mental Capacity Act 2005 generally. The Act came into force on 1/10/07, and sets out a comprehensive decision-making process to assist when dealing with someone who cannot decide a matter for himself. It can apply to any area of life. The person for whom a decision is being made is referred to as ‘P’.

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  8. The Mental Capacity Act 2005 is a law that sets out how you'll be supported to make decisions, or how decisions will be made for you. For example, if your ability to make certain decisions is affected by: A mental health problem. An illness. An injury. The effects of medication. The Act tells you: What you can do to plan ahead.

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