3: Forensic Psychiatry

Question 1

What is forensic psychiatry

Answer 1

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

Question 2

Define violence

Answer 2

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

Question 3

What act covers mental illness

Answer 3

Mental health act (1983)

Question 4

Describe relationship between mental health and crime

Answer 4

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

Question 5

What condition increases risk of criminality

Answer 5

Conduct disorder

Question 6

What is a RF for violent behaviour

Answer 6

Antisocial personality disorder

Question 7

What increases risk of crime

Answer 7

Substance misuse

Question 8

What are the four-stages of the criminal justice process

Answer 8

Arrest
Charges
Magistrates court
Crown court

Question 9

Explain arrest stage for individuals with suspected mental health condition.

Answer 9

Individual is arrested and detained in police station.

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

Question 10

What is charges

Answer 10

Individual given charges

Question 11

Explain magistrates court for individuals with mental health problem

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

When is a person considered not fit to plea

Answer 14

If they do not meet one of the 5 criteria

Question 15

What is fitness to plea based on

Answer 15

Two independent evaluations by psychiatrists

Question 16

If an individual is not fit to plea, what happens

Answer 16

Trial of the facts

• Jury decide whether they committed crime based on existing evidence

Question 17

How is crime always thought of

Answer 17

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

Question 18

What is mens rea

Answer 18

Mental intent to commit crime

Question 19

What is actus reus

Answer 19

Physical act

Question 20

What is murder

Answer 20

Mens rea and actus rea

Question 21

What is manslaughter

Answer 21

Actus rea - no mens rea

Question 22

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

Answer 22

Insanity

Diminished responsibility

Question 23

What is the insanity defence

Answer 23

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

Question 24

Why is insanity defence difficult to achieve

Answer 24

Need a witness to describe individual had no awareness

Question 25

Who is insanity plea decided by

Answer 25

Jury

Question 26

What is diminished responsibility used for

Answer 26

Used to reduce charge of murder to manslaughter

Question 27

What are the criteria for diminished responsibility

Answer 27

- Individual has a medical condition - Impaired defendants understanding or conduct - Provides explanation for defendants acts

Question 28

What is section 37 called

Answer 28

Hospital without restraint

Question 29

What is section 37

Answer 29

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

Question 30

What is section 41 called

Answer 30

Hospital with restraint

Question 31

What is section 41

Answer 31

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

Question 32

Why does section 41 exist

Answer 32

To protect the public

Question 33

What is section 45A called

Answer 33

Hybrid order

Question 34

What is section 45A

Answer 34

- Individual charged with punishable offence | - Admitted to mental health hospital and transferred to prison when recovered

Question 35

What is section 47

Answer 35

- Transfer to psychiatric hospital from prison

Question 36

What is section 48

Answer 36

- Removal to hospital of person detained in in reprimand prison

Question 37

How are psychiatric hospitals divided

Answer 37

High-security Medium-security Low-security

Question 38

What is PICU an example of

Answer 38

Low-security

Question 39

What are all individuals in high-security prisons detained under

Answer 39

Mental Health Act (1983, 2007)