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Salient. Victoria University Student Newspaper. Volume 39, Number 14, 5 July 1976.

From Legal to Medical

From Legal to Medical

Instead M was not charged, and made no court appearance. She was removed from the law world to the medical world - taken by police car from Lower Hutt to Porirua Hospital, where next morning she received shock treatment.

Shock was administered three more times over the next 3 weeks, despite her protests to Dr P. By chance, I happened then to see her - scared of the treatment, confused about what would happen next, and consequently planning to run away.

"I don't like that shock - it makes me forget things -I told the doctor but he just says its best for me - I don't think so - I'm getting out of here".

Those who have seen shock treatment in "One Flew Over the Cuckoo's Nest" could understand her fear, but she agreed to delay the escape while I found a lawyer to try to help her.

The police had decided to have M detained under $ 19 of the Mental Health Act 1969, rather than charge her. This means she never comes before a court. As a result of organising the legal representation, I found out how inadequate are the procedural legal safeguards against improper detention under the Mental Health Act - in fact, how difficult it is to apply any legal safeguards to a form of detention that has become Medical and ceased to be "legal".