Legal aspects Flashcards
Why do we have mental health law?
Power to provide compulsory care and treatment for people with a mental disorder
Rights and safeguards to make sure those powers are used appropriately
Duties on NHS Boards and local authorities to provide a wide range of services for people with a mental health disorder
What are the principles of the Mental Health (Care and Treatment) (Scotland) Act 2003?
Non-discrimination Equality Respect for diversity Reciprocity Informal care Participation Respect for carers Least restrictive alternative Benefit Child welfare
What is a Mental Disorder as defined by the MH(C&T)(S)A2003?
Any mental illness, personality disorder or learning disability however caused or manifested
What powers does an Emergency Detention Certificate (EDC) provide?
Authorises detention for up to 72 hours
What powers does a short-term detention certificate (STDC) provide?
Authorises detention for up to 28 days
What powers does a Compulsory Treatment Order (CTO) provide?
Authorises detention for up to 6 months
What does the Nurses holding power allow?
Authorises detention for up to 3 hours
What are some criteria for detention?
Mental disorder
Significant Impairment of Decision Making Ability for medical treatment about mental disorder
Significant risk to health, safety or welfare of the person or the safety of any other person
Treatment available
Order necessary
What is an advantage to emergency detention rather than STDC?
Less delay
What is a named person?
Nominated by the patient and witnessed and the named person must have witnessed acceptance
Have a right to be party to proceedings
Does every person with a mental disorder have a right to access to advocacy?
Yes
What is an adult with incapacity?
Person aged 16+ years
Incapable of acting, making, communicating, understanding or retaining memory of decisions
Which principles must be considered when applying the Adults With Incapacity (Scotland) Act 2000?
Intervention must benefit adult
Use least restrictive intervention possible
Account must be taken of the past and present wishes of the adult
Is capacity decision specific?
Yes
May have capacity for some decisions and not others
What are the areas concerned by capacity?
Property
Welfare
Financial
What is an intervention order?
One off power required
Application to the court
What is a guardianship order?
Someone else is appointed to make decisions on behalf of the adult (financial or welfare or both)
What cannot be authorised by the authority conferred by subsection 2 of the AWI (Scotland) Act 2000?
Use of force or detention, unless it is immediately necessary and only for so long as is necessary in the circumstances
Action which would be inconsistent with any decision by a competent court
Placing an adult in a hospital for the treatment of mental disorder against his will
Medical treatment prescribed in regulations made under section 48
What are some powers given to police in relation to mentally disordered offenders under the Criminal Procedures (Scotland) Act 1995?
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
When is a person unfit for trial?
Mental or physical condition which may impair ability to understand: the charge, the requirement and effect to tender a plea, purpose of trial, evidence against them, or they cannot effectively communicate with their legal representation
Does the influence of drugs and/or alcohol confer diminished responsibility?
No
What are restricted patients?
Persons detained in hospital under a compulsion order with a restriction order
Usually committed an offence punishable by imprisonment but as a result of mental disorder are not imprisoned but ordered to be detained in hospital for treatment, without limit of time
Who’s duty is is to review restrictions placed on restricted patients?
Scottish Ministers
What criteria must the court be satisfied with to approve the restriction order?
Having regard to the nature of the offence with which he is charged;
The antecedents of the person; and
The risk that as a result of his mental disorder he would commit offences if set at large
