Legal aspects & Controversies

Question 1

Who can be detained?

Answer 1

> 18yrs

< 18
- Can still be detained
- Need child / adolescent specialist (CTO etc)
- Use specialist resources (where ever possible)

Question 2

What are the key civil compulsory powers?

Answer 2

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 (changed in 2015 Act)

Question 3

Who can issue an EDC & a STDC?

Answer 3

Registered medical practitioner

Question 4

Who can issue a CTO?

Answer 4

GP and Approved Medical Practitioner or 2 Approved Medical Practitioners

Question 5

Does emergency detention allow you to treat them?

Answer 5

Emergency detention only allows you to hold them and not to treat them

Question 6

What is the difference between an intervention order and a guardianship order?

Answer 6

Intervention Order
- One off power required
- Application to the court

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

Question 7

What are the police powers?

Answer 7

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 8

What are restricted patients?

Answer 8

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 but ordered to be detained in hospital for treatment, WITHOUT LIMIT OF TIME