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Psychiatry > 3: Forensic Psychiatry > Flashcards

3: Forensic Psychiatry Flashcards

1
Q

What is forensic psychiatry

A

Branch of psychiatry that deals with assessment and management of those in the criminal justice system with mental health problems

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2
Q

Define violence

A

Intentional use physical force or power, threatened or actual, against one’s self or another person, group or community with high likelihood of resulting injury, death or psychological harm

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3
Q

What act covers mental illness

A

Mental health act (1983)

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4
Q

Describe relationship between mental health and crime

A

Mental health condition increases risk of both violent and non-violent crime (by 2-times)

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5
Q

What condition increases risk of criminality

A

Conduct disorder

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6
Q

What is a RF for violent behaviour

A

Antisocial personality disorder

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7
Q

What increases risk of crime

A

Substance misuse

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8
Q

What are the four-stages of the criminal justice process

A

Arrest
Charges
Magistrates court
Crown court

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9
Q

Explain arrest stage for individuals with suspected mental health condition.

A

Individual is arrested and detained in police station.

Forensic medical examiner - can initiate mental health act sectioning - can refer to PICU or psychiatrist

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10
Q

What is charges

A

Individual given charges

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11
Q

Explain magistrates court for individuals with mental health problem

A

Team decides whether an individual is fit to plea for their charges. If someone is unfit, they are re-direct to mental health services

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12
Q

What is crown court and explain how it may be different for someone with mental health problem

A

Individual is convicted for charges and sentenced either to mental health hospital or prison

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13
Q

What are the 5 criteria for an defendant to be considered fit to plea

A
  1. Understand charges
  2. Provide plea (Guilty or not-guilty)
  3. Instruct defence
  4. Challenge jurors (If recognise someone)
  5. Provide evidence
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14
Q

When is a person considered not fit to plea

A

If they do not meet one of the 5 criteria

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15
Q

What is fitness to plea based on

A

Two independent evaluations by psychiatrists

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16
Q

If an individual is not fit to plea, what happens

A

Trial of the facts

  • Jury decide whether they committed crime based on existing evidence
17
Q

How is crime always thought of

A

In mental intent to commit the crime (mens rea) and physical act (actus rea)

18
Q

What is mens rea

A

Mental intent to commit crime

19
Q

What is actus reus

A

Physical act

20
Q

What is murder

A

Mens rea and actus rea

21
Q

What is manslaughter

A

Actus rea - no mens rea

22
Q

If trying to reduce the sentence of someone with a mental health condition, what two pleas can be used

A

Insanity

Diminished responsibility

23
Q

What is the insanity defence

A

AT the time of the crime, individual had impaired awareness due to a mental disorder

24
Q

Why is insanity defence difficult to achieve

A

Need a witness to describe individual had no awareness

25
Q

Who is insanity plea decided by

A

Jury

26
Q

What is diminished responsibility used for

A

Used to reduce charge of murder to manslaughter

27
Q

What are the criteria for diminished responsibility

A
  • Individual has a medical condition
  • Impaired defendants understanding or conduct
  • Provides explanation for defendants acts
28
Q

What is section 37 called

A

Hospital without restraint

29
Q

What is section 37

A
  • Individual is convicted of offence that is punishable by imprisonment
  • Suffering mental health disorder means they are admitted to psychiatric hospital
30
Q

What is section 41 called

A

Hospital with restraint

31
Q

What is section 41

A

Admitted to psychiatric hospital. Unable to be discharged until ministry of justice consents

32
Q

Why does section 41 exist

A

To protect the public

33
Q

What is section 45A called

A

Hybrid order

34
Q

What is section 45A

A
  • Individual charged with punishable offence

- Admitted to mental health hospital and transferred to prison when recovered

35
Q

What is section 47

A
  • Transfer to psychiatric hospital from prison
36
Q

What is section 48

A
  • Removal to hospital of person detained in in reprimand prison
37
Q

How are psychiatric hospitals divided

A

High-security
Medium-security
Low-security

38
Q

What is PICU an example of

A

Low-security

39
Q

What are all individuals in high-security prisons detained under

A

Mental Health Act (1983, 2007)

Psychiatry (13 decks)

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