Law of Psychiatry Flashcards
How is a mental disorder defined in the law?
Section 328: any ~ mental illness ~personality disorder ~learning disability however caused or manifested
Who can be detained under the mental health act 2003?
Someone of any age with a mental disorder, if it is believed they need to be detained for treatment or the saftey of themselves and others.
Civil compulsory powers are used to detain people from the community if required.
What is an EDC?
Emergency detention certificate - authorises detenion for up to 72hrs or 3 days (you also have 72hrs to get the patient to the hospital before the 72hrs of detenion starts)
What is an STDC?
Short-term detention certificate - authorises detenion for up to 28days
What is a CTO?
Compulsory Treatment Order- authroises dentention for up to 6 months
What is a nurses holding power?
Authorises dentetion for up to three hours. This is used to hold/detain the patient until they can be assesd by a doctor.
What are the criteria for detention?
General criteria (though slight changes with some orders):
~ mental disorder
~significant impairment of decision making ability for medical treatment about that mental disorder
~ significant risk to health, saftey or welfare of the person or the safety of any other person
~there is treatment avaliable
~the order is necessary
What is a named person?
What does access to advocacy mean?
Named person is someone nominated by the patient to be party to the proceedings
Access to advocacy- it is the right of every person with a mental disorder to have acess to someone who can advocate for them
How is an adult with incapacity defined in the 2000 Act?
Adult- a person who is 16 years or older
They are incapalble of either: ~acting or ~making decisions or ~ communicating decisions (reasonable effort needs to be put in to overcome difficultites in communicating, such as a translator if required or hearing aids ect) ~ understanding decisions or ~retaining the memory of decisions
Remember some people may have capacity/ be capiable of making certain descions but not others, don’t assume and always check.
Capacity is presumed to be present unless proven otherwise
What prinicples must be considered when applying the Adult with incapacity 2000 act?
The intervention must benefit the adult
Any intervention shall be the least restrictive in relation to the freedom of the adult, consistent with the purpose of the intervention
Account must be taken of the past and present wishes of the adult
Where practicable, account should be taken of
the views of relatives and carers
the views of relevant others (guardians, attorneys, etc.)
What are an Invertenvion order and a Guardianship order? How is a power of attorney different?
Intervention order is a one off power. It is obtained by application to the court.
Guardianship order - someone else is appointed by the court to make decesions on behalf of the adult in either financial, welfare or both. The guardian is often a family member but can be a social worker from the authority or in financial desicions can be a solicitor.
Power of attorney will have been chosen by the patient themselves when they were well.
What are the police powers under the Mentally Disordered Offenders Provision?
Removal from a public place
Appears to be in immediate need of care or treatment to a place of safety
Detain for up to 24 hours
Purpose to allow assessment and make arrangements for their care and treatment.
This can be used at any point in the criminal justice process for the offender to get mental health treatment.
What does criminal responsibilty mean?
you have responsibility for your actions at the time or the action/offence occurring.
This section allows someone to be considered not criminally responsible and acquitted of the offence if at the time of conduct, they were unable to have responsibility due to a mental disorder, if they were unable to appreciate the nature or wrongfulness of the conduct. This can be any mental illness including personality disorders and learning disabilities. (if it is a personality disorder that is chaaterised soley or principally by abnormally aggressive or irresponsible conduct then this does not apply as a legal defence) .
What does unfitness for trail mean?
This is if the person was well/ responsible at the time of the offence/action but at the time of arrest were unwell.
Simply not being able to remember the event does not count as being unfit for trail.
What outcomes can happen if someone’s case is disposed of/ dismissed due to insanity?
They can:
be released in to the community with no measures/no court order
be released in to the community with a guardianship order
be released in to the community with a supervision and treatment order
or
be under a compulsory order for treatment in hospital or community
or
be under a compulsory and restrictive order for treatment in hospital
