Legal aspects

Question 1

Why do we have mental health law?

Answer 1

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

Question 2

What are the principles of the Mental Health (Care and Treatment) (Scotland) Act 2003?

Answer 2

Non-discrimination
Equality 
Respect for diversity
Reciprocity
Informal care
Participation
Respect for carers
Least restrictive alternative
Benefit
Child welfare

Question 3

What is a Mental Disorder as defined by the MH(C&T)(S)A2003?

Answer 3

Any mental illness, personality disorder or learning disability however caused or manifested

Question 4

What powers does an Emergency Detention Certificate (EDC) provide?

Answer 4

Authorises detention for up to 72 hours

Question 5

What powers does a short-term detention certificate (STDC) provide?

Answer 5

Authorises detention for up to 28 days

Question 6

What powers does a Compulsory Treatment Order (CTO) provide?

Answer 6

Authorises detention for up to 6 months

Question 7

What does the Nurses holding power allow?

Answer 7

Authorises detention for up to 3 hours

Question 8

What are some criteria for detention?

Answer 8

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

Question 9

What is an advantage to emergency detention rather than STDC?

Answer 9

Less delay

Question 10

What is a named person?

Answer 10

Nominated by the patient and witnessed and the named person must have witnessed acceptance
Have a right to be party to proceedings

Question 11

Does every person with a mental disorder have a right to access to advocacy?

Answer 11

Yes

Question 12

What is an adult with incapacity?

Answer 12

Person aged 16+ years

Incapable of acting, making, communicating, understanding or retaining memory of decisions

Question 13

Which principles must be considered when applying the Adults With Incapacity (Scotland) Act 2000?

Answer 13

Intervention must benefit adult
Use least restrictive intervention possible
Account must be taken of the past and present wishes of the adult

Question 14

Is capacity decision specific?

Answer 14

Yes

May have capacity for some decisions and not others

Question 15

What are the areas concerned by capacity?

Answer 15

Property
Welfare
Financial

Question 16

What is an intervention order?

Answer 16

One off power required

Application to the court

Question 17

What is a guardianship order?

Answer 17

Someone else is appointed to make decisions on behalf of the adult (financial or welfare or both)

Question 18

What cannot be authorised by the authority conferred by subsection 2 of the AWI (Scotland) Act 2000?

Answer 18

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

Question 19

What are some powers given to police in relation to mentally disordered offenders under the Criminal Procedures (Scotland) Act 1995?

Answer 19

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

Question 20

When is a person unfit for trial?

Answer 20

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

Question 21

Does the influence of drugs and/or alcohol confer diminished responsibility?

Answer 21

No

Question 22

What are restricted patients?

Answer 22

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

Question 23

Who’s duty is is to review restrictions placed on restricted patients?

Answer 23

Scottish Ministers

Question 24

What criteria must the court be satisfied with to approve the restriction order?

Answer 24

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

Question 25

What is the state hospital?

Answer 25

High Security Care for Scotland and Northern Ireland
Located at Carstairs Junction, Lanarkshire
Currently 140 beds male beds (previously double that) includes 12 Learning Disability
Physical, Relational and Procedural Security rigorous