3: Forensic Psychiatry Flashcards
What is forensic psychiatry
Branch of psychiatry that deals with assessment and management of those in the criminal justice system with mental health problems
Define violence
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
What act covers mental illness
Mental health act (1983)
Describe relationship between mental health and crime
Mental health condition increases risk of both violent and non-violent crime (by 2-times)
What condition increases risk of criminality
Conduct disorder
What is a RF for violent behaviour
Antisocial personality disorder
What increases risk of crime
Substance misuse
What are the four-stages of the criminal justice process
Arrest
Charges
Magistrates court
Crown court
Explain arrest stage for individuals with suspected mental health condition.
Individual is arrested and detained in police station.
Forensic medical examiner - can initiate mental health act sectioning - can refer to PICU or psychiatrist
What is charges
Individual given charges
Explain magistrates court for individuals with mental health problem
Team decides whether an individual is fit to plea for their charges. If someone is unfit, they are re-direct to mental health services
What is crown court and explain how it may be different for someone with mental health problem
Individual is convicted for charges and sentenced either to mental health hospital or prison
What are the 5 criteria for an defendant to be considered fit to plea
- Understand charges
- Provide plea (Guilty or not-guilty)
- Instruct defence
- Challenge jurors (If recognise someone)
- Provide evidence
When is a person considered not fit to plea
If they do not meet one of the 5 criteria
What is fitness to plea based on
Two independent evaluations by psychiatrists
If an individual is not fit to plea, what happens
Trial of the facts
- Jury decide whether they committed crime based on existing evidence
How is crime always thought of
In mental intent to commit the crime (mens rea) and physical act (actus rea)
What is mens rea
Mental intent to commit crime
What is actus reus
Physical act
What is murder
Mens rea and actus rea
What is manslaughter
Actus rea - no mens rea
If trying to reduce the sentence of someone with a mental health condition, what two pleas can be used
Insanity
Diminished responsibility
What is the insanity defence
AT the time of the crime, individual had impaired awareness due to a mental disorder
Why is insanity defence difficult to achieve
Need a witness to describe individual had no awareness
Who is insanity plea decided by
Jury
What is diminished responsibility used for
Used to reduce charge of murder to manslaughter
What are the criteria for diminished responsibility
- Individual has a medical condition
- Impaired defendants understanding or conduct
- Provides explanation for defendants acts
What is section 37 called
Hospital without restraint
What is section 37
- Individual is convicted of offence that is punishable by imprisonment
- Suffering mental health disorder means they are admitted to psychiatric hospital
What is section 41 called
Hospital with restraint
What is section 41
Admitted to psychiatric hospital. Unable to be discharged until ministry of justice consents
Why does section 41 exist
To protect the public
What is section 45A called
Hybrid order
What is section 45A
- Individual charged with punishable offence
- Admitted to mental health hospital and transferred to prison when recovered
What is section 47
- Transfer to psychiatric hospital from prison
What is section 48
- Removal to hospital of person detained in in reprimand prison
How are psychiatric hospitals divided
High-security
Medium-security
Low-security
What is PICU an example of
Low-security
What are all individuals in high-security prisons detained under
Mental Health Act (1983, 2007)
