legal aspects

Question 1

what piece of legislation legally defines a “mental disorder”?

Answer 1

Mental Health Act 2003 - Specifically Section 328

Question 2

define a mental disorder as under the mental health act 2003 - section 328

Answer 2

• mental illness
• personality disorder
• learning disability

Question 3

Under the Mental Health Act 2003 we have various ways of detaining a patient. What are they?

Answer 3

Emergency Detention Certificate - up to 72hrs
Short Term Detention Certificate- up to 28days
Compulsory Treatment Order - Up to 6 months
Nursing Holding Power - Up to 3 hours

Question 4

what criteria do we need to detain a patient?

Answer 4

1. mental disorder
2. significant impairment of decision making ability
3. significant risk to health, safety or wellbeing
4. treatment available
5. order necessary

disorder, impaired decision making, urgency, risk & necessity

Question 5

What are the powers of the police

Answer 5

removal from public place to a place of safety

detain for up to 24 hours

to allow assessment & make arrangements for care/treatment

Question 6

What legislation covers police powers?

Answer 6

Criminal Procedure Act 1995

Question 7

What legislation affects psych patients culpability for crimes?

Answer 7

Criminal Justice & Licensing Act 2010

Question 8

what are the rules laid out by the Criminal Justice & Licensing Act 2010?

Answer 8

patient not responsible for a crime if:

• unable to appreciate the wrongfulness of their actions due to a mental disorder
• unfit to participate in a trial due to a mental disorder e.g. cant understand the charge, plea or trial

Question 9

What is Diminished Responsibility?

Answer 9

someone convicted of murder can be downgraded to culpable homicide if ability to determine or control conduct was substantially impaired by abnormality of mind (including mental disorders)