Law and Ethics

Question 1

What is the criminal procedure act?

Answer 1

• Act No. 51 of 1977
• extensive piece of legislature that regulates the conduct of criminal proceedings in South Africa
• Plays a vital role in promoting the rule of law and protecting the rights of all individuals involved in criminal proceedings
• Provides a clear framework for the conduct of criminal proceedings, ensuring that justice is served in a fair and transparent manner

Question 2

What is ss78 of the the Criminal Procedure Act?

Answer 2

• Section deals with Mental Illness or Mental Defect and Criminal Responsibility

(1) A person who commits and act or makes an omission which constitues an offence and who at the time of such commission or omission suffers from a mental illness or mental defect which makes him or her incapable-
(a) of appreciating the wrongfulness of his or her act or omission; or
(b) of acting in accordance with an appreciation of the wrongfulness of his or her act or omission,

shall not be criminally responsible for such act or omission

Question 3

What is ss77 of the criminal procedures act?

Answer 3

Describes the capacity of the accused to understand proceedings

(1) If it appears to the court at any stage of criminal proceedings that the accused is by reason of mental illness or mental defect no capable of understanding the proceedings so as to make a proper defense, the court shall direct that the matter be enquired into and be reported on in accordance with the provisions of section 79

Question 4

What is ss79 of the criminal procedure act?

Answer 4

Panel for purposes of enquiry and report under sections 77 and 78

(1) Where a court issues a direction under section 77 (1) or 78 (2), the relevant
enquiry shall be conducted and be reported on-
(a) where the accused is charged with an offence other than one referred to in
paragraph (b), by the medical superintendent of a psychiatric hospital
designated by the court, or by a psychiatrist appointed by the medical
superintendent at the request of the court; or
(b) where the accused is charged with murder or culpable homicide or rape or
compelled rape as provided for in sections 3 or 4 of the Criminal Law
(Sexual Offences and Related Matters) Amendment Act, 2007, respectively,
or another charge involving serious violence, or if the court considers it to
be necessary in the public interest, or where the court in any particular
case so directs-
(i) by the medical superintendent of a psychiatric hospital designated
by the court, or by a psychiatrist appointed by the medical
superintendent at the request of the court;
(ii) by a psychiatrist appointed by the court and who is not in the fulltime service of the State unless the court directs otherwise, upon
application of the prosecutor, in accordance with directives issued
under subsection (13) by the National Director of Public
Prosecutions;
(iii) by a psychiatrist appointed for the accused by the court; and
(iv) by a clinical psychologist where the court so directs

Question 5

What is the objective of the MHC professions appointed by the court?

Answer 5

To assess the accused’s fitness to stand trial and/or their criminal capacity.

Question 6

Comment on the requirements of the report issued by the panel of MHC professionals on the accused’s fitness to stand trial and criminal capacity

Answer 6

• must be issues within 30 days of assessment
• can only hold the accused for a maximum of 30 days
• must be unanimous
• must include a diagnosis of the accused’s mental state
• report directs the court order from the judge as well as further proceedings

Question 7

What is testamentary capacity?
What are the implications?
Which act is linked to testamentary capacity?

Answer 7

Legal term used to describe a person’s legal and mental ability to make or alter a valid will.
If the person making the Will (testor) lacks testamentary capacity at the time the Will was executed, said Will is invalid.
Will’s Act. 7 of 1953

Question 8

What are the citeria for testamentary capacity?

Answer 8

• understand the nature of a Will
• have a knowledge of the nature and extent of their assets
• have a knowledge of persons who have a reasonable claim as beneficiaries
• have an understanding of the impact of distribution of the assets of the estate
• does not have any delusions that impact the distribution of assets
• have the ability to express their wishes clearly and consistently

Question 9

What are the three types of curators?

Answer 9

• curator ad litem - litigates on behalf of the patient
• curator ad personam - oversees the patient’s daily living needs
• curator bonis - protects the patient’s property and financial interests

Question 10

What is forensic psychiatry?

Answer 10

Subspecialty which makes provision for treatment of members of the public who stand accused of criminal offenses, but who may be suffering from psychiatric disorders and require thorough assessment.

Question 11

What are minor offences/misdemeaners?

Answer 11

petty theft, burglary, vandalism, common assault, low level shoplifting, drunk and disorderly

Question 12

Under ss79 of the CPA who makes up the assessment panel for the assessment of MHCUs accused of major offences or felonies?

Answer 12

2 compulsory psychiatrists - state psychiatrist, court appointed psychiatrist for the accused
3rd psychiatrist if an application is made for one
Clinical psychologist - in cases where the court orders a directive.

Question 12

What are major offenses/felonies?

Answer 12

Murder, rape, kidnapping, armed robbery, fraud, arson, assault with intent to do grievous bodily harm

Question 13

What are the requirements that make a patient able to stand trial?

Answer 13

1 - they understand the accusations levelled against them
2 - they understand the court proceedings
3 - their current behavior is such that they can appear in court
4 - can the person confer with their legal representative to their own advantage
5 - do they understand the roles of the various persons in court
6 - do they understand the roles of the various persons in court
7 - can the person fully and clearly recall the events surrounding the alleged crime
8 - is the patient currently capable of conccentrating, comprehending, reasoning and understanding all the implications and consequences or do they still have a mental disorder or cognitive disability that prevents them from being able to take part in their defense

Question 14

Describe criminal responsibility/capacity

What is the age of criminal capacity in South Africa

Answer 14

A person is criminally responsible if they deliberately and voluntarily commit a crime with malicious intent

A mentally ill person is not legally responsible if they do not appreciate the wrongfulness and consequences of the act at the time of the act

Up to 10 years of age - lack criminal capacity
10-14 years - have criminal capacity
> 14 years - regarded by law to have mental ability to distinguish right and wrong

Question 15

What are state patients and which section of which act pertains to their housing?

Answer 15

Mentally ill offenders whose charges generally involved major crimes
Were evaluated not to have criminal capacity
Are detained at a Forensic Psychiatry Institution as per section 42 of the MHCA

Question 16

What is an administrator?

Answer 16

Master of the high court may appoint an administrator to manage the property of a person who has been diagnosed as mentally ill or who has such as severe disability that they are unable to manage their affairs.
Requirements for an administrator to be appointed is that the patient’s assets do not exceed R200 000 in value

Question 17

What is a curator?

Answer 17

Someone appointed to manage the affairs of a person who is mentally incompetent that do not pertain to assets.

Question 18

What is accountability?

Answer 18

Refers to the extent to which the wrongfulness of an act or omission can be appreciated and acted in accordance with the

Question 19

Which act embraced the rights of mental health care users?

Answer 19

Act No 17 of 2002

Question 20

What are the 4 principles of clinical ethics?

Answer 20

Beneficence
Non-maleficence
Autonomy
Justice

Question 21

What is beneficence?

Answer 21

The obligation of the physician to act for the benefit of the patient; it supports a number of moral rules to defend the rights of others, prevent harm, eliminate harmful conditions, assist disabled persons and rescue those in danger

Question 22

What is non-maleficence

Answer 22

The obligations of a physician not to harm the patient, either intentionally or through omission

Question 23

What is autonomy

Answer 23

The right to self-determination and respects the individuals rights to make informed decision

Question 24

What is justice

Answer 24

States that equals should be treated equally

Question 25

What sort of MHCU is a voluntary user?

Answer 25

Can be actively involved in informed decision making
Able to sign informed consent willingly to take treatment and can feel when something is wrong and seeks help

Question 26

What is an assisted user

Answer 26

The user is mentally ill and assisted with everything but is willing to take treatment, but cannot sign informed consent

Question 27

What is an involuntary user

Answer 27

The user is mentally ill, refuses treatment, is a danger to self, others and property

Question 28

What is Form 2

Answer 28

report on the exploitation, physical or other abuse, neglect/degrading treatment of a MHCU

Question 29

What is form 3

Answer 29

Assisted care denied, the patient is discharged with this form

Question 30

What is form 9

Answer 30

For periodic notification of HHE after the 72 hours assessment that out-patient MHCU warrants further involuntary care

Question 31

What is form 10

Answer 31

Transfer of an involuntary MHCU to schedule out-patient

Question 32

What is form 12

Answer 32

transfer of a MHCU to out-patient and vice-versa

Question 33

What is form 13

Answer 33

For periodic MHRB reports for in-patients stay of longer than 6 months