Legal Aspects Flashcards
How does the mental health act (2003) act 328 define a mental illness?
any mental illness,
personality disorder or
learning disability
however caused or manifested.
What are the four key civil compulsory powers?
Emergency detention certificate EDC Authorises detention for up to 72 hours Short-term detention certificate STDC Authorises detention for up to 28 days Compulsory Treatment Order CTO Authorises detention for up to six months Nurses holding power Authorises detention for up to three hours
What are the criteria to put on an emergency hold?
Registered Medical Practitioner
Must consider it likely that
the patient has a mental disorder; and
because of that mental disorder, the patient’s decision making ability with regard to medical treatment for that mental disorder is significantly impaired
Must also be satisfied that
it is necessary as a matter of urgency to detain the patient in hospital in order to determine what medical treatment should be provided to the patient for the suspected mental disorder
there would be a significant risk to the health, safety or welfare of the patient or to the safety of another person if the patient were not detained in hospital; and
making arrangements with a view to granting a short-term detention certificate would involve undesirable delay
What are the criteria to put on a short term hold?
Approved Medical Practitioner
Must consider it likely that
the patient has a mental disorder;
because of the mental disorder, the patients ability to make decisions about the provision of medical treatment is significantly impaired;
it is necessary to detain the patient in hospital for the purpose of determining what medical treatment should be given to the patient or giving medical treatment to the patient;
if the patient were not detained in hospital there would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person; and
the granting of a short-term detention certificate is necessary
What are the criteria to put on a compulsory treatment order?
Mental Health Reports (GP and Approved Medical Practitioner or 2 Approved Medical Practitioners)
Must be satisfied that
the patient has a mental disorder
medical treatment is available and would be likely to prevent deterioration or alleviate symptoms
without treatment there would be significant risk to health, safety or welfare of patient or safety of others
mental disorder significantly impairs decision making ability
making of compulsory treatment order is necessary
What is the term used when someone commits homicide whilst experiencing mental illness?
Culpable homicide
What are restricted patients?
Restricted patients are persons detained in hospital under a compulsion order with a restriction order. They have usually committed an offence punishable by imprisonment but as a result of mental disorder are not imprisoned
