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This monograph offers a critical analysis of the Mental Health Act 2007. It looks at the social and policy landscape which shaped and informed the Act. It goes on to explore the legislation's impact on human rights. In so doing it is critical of the Act, arguing that there should be a return to a more risk based approach to mental health legislation. It also calls for a strong role for mental health professionals and the exercise of their discretion in the decision-making process in mental health law.