In this article, Zacharias Micallef discusses the definition of mental capacity under the Mental Health Act as the ability and competence to make independent decisions and assume responsibility of oneself. Whilst this definition does not outline the inabilities related to mental incapacity, it aids to distinguish mental incapacity from mental illness, and thus, indirectly expresses that people […]
This article by Kurt Zammit was previously submitted as part of CVL1024 and is being published with the author’s permission.The contribution analyses the legal aspects behind the mens rea and actus reus. It highlights the complexities that low mental capacity and mental illness and cognitive decline pose in order to answer the legal question whether […]
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