3. Legal Aspects of Psychiatry Flashcards
What are the 3 Acts of Parliament, with regards to Psychiatry?
- Mental Health (Care and Treatment) (Scotland) Act 2003
- Adults with Incapacity (Scotland) Act 2000
- Criminal Justice and Licensing (Scotland) Act 2010
What is a Mental Disorder defined as in the Mental Health (Care and Treatment) (Scotland) Act 2003?
Any Mental Illness, Personality Disorder, or Learning Disability, however caused of Manifested
Who can be detained under Mental Health (Care and Treatment) (Scotland) Act 2003?
Anyone:
- Adults - > 18 years old
- Children - Need Child / Adolescent Specialist + Specialist Resources
What are the Key Civil Compulsory Powers of the Mental Health (Care and Treatment) (Scotland) Act 2003?
- Emergency Detention Certificate (EDC)
- Short-Term Detention Certificate (STDC)
- Compulsory Treatment Order (CTO)
- Nurses Holding Power
What are the Features of the Emergency Detention Certificate (EDC), under the Mental Health (Care and Treatment) (Scotland) Act 2003?
- Authorizes Detention for up to 72 hours
- Must be given by a Medical Practitioner
- Must consider it Likely that:
- a) Patient has a Mental Disorder
- b) Mental Disorder is affecting Decision Making
- c) It is Necessary for detention to determine treatment
- d) There would be a risk to Health if not detained
- e) The granting of a EDC is necessary
What are the Features of the Short-Term Detention Certificate (STDC), under the Mental Health (Care and Treatment) (Scotland) Act 2003?
- Authorizes Detention for up to 28 days
- Must be given by a Medical Practitioner
- Must consider it Likely that:
- a) Patient has a Mental Disorder
- b) Mental Disorder is affecting Decision Making
- c) It is Necessary for detention to determine treatment
- d) There would be a risk to Health if not detained
- e) The granting of a STDC is necessary
What are the Features of the Compulsory Treatment Order (CTO), under the Mental Health (Care and Treatment) (Scotland) Act 2003?
- Authorizes Detention for up to 6 Months
- Application made to Mental Health Tribunal by a MHO
- Must be Satisfied that:
- a) The patient has a Mental Health Disorder
- b) Mental Disorder is affecting Decision Making
- c) Medical Treatment would prevent deterioration
- d) There would be a Significant Risk to Health
- e) Making of CTO is necessary
What are the Criteria for Detention?
Note - IMPORTANT
- Mental Disorder
- Significant Impairment of Decision Making Ability for Medical Treatment about Mental Disorder
- Significant Risk to Health / Safety / Welfare of the Person / Any other Person
- Treatment Available
- Order is Necessary
In relation to the Adults with Incapacity (Scotland) Act 2000, when does someone become an Adult?
16 years old
In relation to the Adults with Incapacity (Scotland) Act 2000, What is the Definition of “Incapable”?
Incapable of:
- Acting, or
- Making Decisions, or
- Communicating Decisions, or
- Understanding Decisions, or
- Retaining the Memory of Decisions
What Principles must be Considered when applying the Adults with Incapacity (Scotland) Act 2000?
- The Intervention must Benefit the Adult
- Any Intervention shall be the Least Restrictive in relation to the Freedom of the Adult
- Account must be taken of the Past / Present wishes
- Where practical, account should be taken of:
- a) The views of the Relatives / Carers
- b) The views of Relevant Others (Guardians / Attorneys)
When is Capacity presumed?
Always presumed to be Present unless proven otherwise
What are the 2 Orders which can be given under the Adults with Incapacity (Scotland) Act 2000?
- Intervention Order - One off Power Requires (Application to the Court)
- Guardianship Order - Someone is appointment to make decisions on behalf of the Adult (Financial +/- Welfare)
What does the Adults with Incapacity (Scotland) Act 2000 not authorize?
- The use of Force / Detention - unless it is immediately necessary and for only for so long as is necessary
- Action which would be inconsistent with any decision by a competent court
- Placing an adult in a hospital for the treatment of Mental Disorder Against their will
Note - If someone is actively resisting you, use the Mental Health Act, not the Adults with Incapacity Act
When, in Criminal Matter, can Mental Health Treatment be Sought?
At any stage of Criminal Matter, even if a crime has not been committed yet
