Introduction to Part 4 Flashcards

1
Q

What sphere of law does Part 4 deal with?

A

It deals with medical treatment of mental disorder for detained patients.

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2
Q

What does Part 4 essentially provide?

A

It provides treatment safeguards and its own area of Law.

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3
Q

What is the General Rule at Common Law?

A

If someone is refusing treatment with capacity, it is their decision.

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4
Q

Why can’t a person with capacity be compelled?

A

It would be an assault if they were.

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5
Q

What case ruled ‘unless clear statutory to the contrary exists: no one is to be detained in hospital or to undergo medical treatment, or even submit himself to a medical examination without his consent - this as true for a mentally disordered person as of anyone else”?

A

R v Hallstrom

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6
Q

What was the authority in Re T (Refusal of Medical Treatment)?

A

The right to refuse exists notwithstanding that the reasons for making the choice are rational, or irrational, unknown or even non-existent.

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7
Q

What case stated: “In the absence of consent, any invasion of the body will be a criminal assault. The fact that the intervention is well-meaning or therapeutic makes no difference”.

A

Heart of England NHA Foundation Trust v JB

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8
Q

What is Part 4 famous for?

A

Being contrary to the position of Common Law

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9
Q

Why is the case of Kerri Wooltorton important?

A

Many academics questioned the capacity assessment used on Kerri Wooltorton. Also illuminated confliction between article 2 and article 8.

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10
Q

What happens if persons care and treatment governed by the MHA 1983?

A

special conditions many apply…

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11
Q

What happens when persons care and treatment is not governed by the MHA 1983?

A

Decide whether they capacity to make their own decision about whether or not to have care or treatment.

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12
Q

What happens if the person has capacity?

A

It alludes to the Common Law - the person can refuse and decide for themselves.

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13
Q

If a person does not have capacity?

A

Look for valid and applicable Advance Decisions, LPA’s, CoP Orders - follow them if available.

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14
Q

If person has no AD, LPA, or COP Order and lacking capacity?

A

Apply section 5 of the MCA 2005, which provides a defence to liability if its conditions are satisfied.

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15
Q

What sections are involved most prevalently in Part 4 MHA?

A

Sections 57, 58, 58A, 62 and 63.

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16
Q

When does a patient become susceptible to Part 4 of the MHA?

A

If P has been sectioned for more than 72 hours. Also if the patient is under section 2, 3 and 73.

17
Q

What patients are not subject to Part 4?

A

Those under the Common Law or MCA - dependent on capacity.

18
Q

When do sections 57, 58, 58A and 63 evoke?

A

If the treatment falls within the definition of medical treatment for mental disorder.