Forensic Psychiatry Flashcards
Criteria for detainment under MHA
- Is the person suffering a mental health disorder?
- This is defined as a mental illness, arrested or incomplete development of the mind, psychopathic disorder, or any other disorder/disability of the mind. This must be more than temporary
- Is there a risk to their own health or safety, or to the safety of others?
- Do they warrant treatment in hospital?
Section 2
Involuntary admission
Detained for assessment
Lasts 4 weeks
Section 3
Involuntary admission
Detained for treatment
Last 6 months
Section 4
Emergency Admission
Lasts 72 hours
Section 5(2)
For Voluntary Admission
Places a temporary holding power over these patients to prevent them from leaving
Last for 72 hours during which MHA assessment for section 2/3 can be arranged
Section 5(4)
For voluntary admission
Places a temporary holding power over these patients to prevent them from leaving
Can be applied by a nurse
Lasts for 6 hours
Section 136
enables a person to be apprehended by the police on road and taken to a place of safety for mental health assessment
Section 35
While a person is on remand (awaiting court process after charge)
Remand to hospital for assessment for 28 days
Section 36
While a person is on remand (awaiting court process after charge)
Remand to hospital for treatment for 28 days
Section 38
After sentencing, interim hospital order
Lasts 12 weeks
Decide whether person is suffering from a treatable mental disorder
Section 37
After sentencing
Hospital order
Section 41
After sentencing
Restriction order and is given where the patient will continue to pose a serious risk to public in future
Section 47
Transfer of a sentenced prisoner to hospital