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Exam - M - Psychiatry (Meg) > Legal Aspects of Psychiatry > Flashcards

Legal Aspects of Psychiatry Flashcards

1
Q

Who can fill out a certificate of incapacity form?

A 
GP
Consultant psychiatrist 
Registered nurse 
Dental practitioner 
Optician
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2
Q

How long does an emergency detention certificate last for?

A

Detention up to 72hrs.

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3
Q

How long does a short term detention certificate last for?

A

Detention up to 28 days.

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4
Q

How long does a compulsory treatment order last for?

A

Detention up to 6 months

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5
Q

How long does a nurses holding power last for?

A

Detention up to 3 hours

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6
Q

Which legal document is used in Scotland when assessing if an individual has capacity?

A

Adults with Incapacity (Scotland) Act 2000

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7
Q

Which powers do the police have?

A

Removal from public place
Detention up to 24hrs
Transfer patients to places of safety

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8
Q

Which act would be used to determine if an individual had diminished responsibility due to their mental health?

A

Criminal Justice and Licensing (Scotland) Act 2010

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9
Q

Which of the following are the 5 necessary factors when assessing if a treatment order is necessary?

A 
Mental disorder is likely
Treatment available
Risk to patient or others
Suitable bed available
Hospitalisation is necessary
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10
Q

Where can police not remove a person from?

A

Their house

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11
Q

5 criteria for

A
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12
Q

4 criteria for

A
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13
Q

When can you get a restriction order?

A

Only in addition to another order (compulsion order).

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14
Q

What is considered to be a mental disorder

A

any mental illness
personality disorder
learning disability

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15
Q

what is NOT classed as a mental disorder?

A

Dependence or use of alcohol and/or drugs.

Harassing, alarming and distressing behaviour

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16
Q

What age does someone have to be to be detained?

A

There is no age limit.

<18yrs needs to be detained by a child and adolescence specialist

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17
Q

How long can someone be detained for under the emergency detention certificate?

A

up to 72hrs
only to be used in emergencies
DOES NOT AUTHORISE TREATMENT

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18
Q

How long can someone be detained for under the short term detention certificate?

A

up to 28 days

allows detention AND treatment

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19
Q

How long can someone be detained for under the compulsory treatment order?

A

up to 6 months
You can receive treatment under this order

It can be extended for another 6 months, then for periods of 12 months

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20
Q

How long can you be detained for under nurses holding power?

A

Up to 3 hours.

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21
Q

Who can do an emergency detention certificate?

A

FY2 and upwards

Not an FY1

22
Q

When is an emergency detention certificate needed?

A

The risk is significant
its likely that the patient has a mental disorder
their decision making skills regarding medical treatment is impaired
its a matter of urgency to detain the patient to determine what medical treatment they should receive

23
Q

What is SIDMA?

A

significantly impaired decision making ability

24
Q

When is a short term detention certificate given?

A

If the patient has. mental disorder
SIDMA
its necessary to determine what medication should be given
if not detained, there would be a risk to health and welfare of patients or other

25
Q

How is a compulsory treatment order granted?

A

The mental health officer has to apply to the mental health tribunal who considers evidence and makes the decision
There must be at least 1 GP and approved medical practitioner OR 2 medical practitioners

26
Q

What is the criteria for ANY sort of detention?

A 
Mental disorder likely
SIDNA
risk to health of patient and others
order necessary
treatment is available
27
Q

Who is a named person?

A

someone who the patient nominates to be party to proceedings, the patient trusts their opinion

28
Q

What is access to advocacy?

A

Workers who are available to patients to represent them at tribunals etc.

Its the right of every person with a mental disorder.

29
Q

What is the criteria for an adult with incapacity?

A

> 16yrs
Incapable of acting, making, communicating or understanding decisions

OR retaining the memory of decisions

Can be due to a mental or physical problem

Does not count if the communication can be fixed using mechanical or human aid

30
Q

Who has capacity?

A

capacity is deemed to be present until proven otherwise

It is decision/situation specific (might have capacity for one thing but not another)

31
Q

What is an intervention order?

A

For ONE TIME use
Must apply to the court

allow someone to do a specific one-off thing such as sell an incapable person’s house or decide what treatment is best for that person at a particular time.

32
Q

What is a guardianship order?

A

Done by applying to the court:

when someone is appointed by the court to make decisions on behalf of someone without capacity but on a long term basis

33
Q

What is a power of attorney?

A

It is decided by the patient when they are well and have capacity.

It is appointing someone to make decisions for you if you lose capacity.

34
Q

What should be done if the welfare guardian or power of attorney doesn’t agree?

A

You can apply to the mental welfare committee for a second opinion

35
Q

Which act places someone in hospital for treatment against their Will?

A

mental health act

36
Q

What orders are part of the mental health act 2003?

A

Compulsory treatment order
short term detention
emergency detention

37
Q

Which orders are part of the adults with incapacity act 2000?

A 
Intervention order (one off decision)
Guardianship order (court appoints someone to make decisions)
38
Q

What orders are part of the criminal procedure act 1995?

A

Police powers

39
Q

What are the police powers?

A

can remove someone from a public place (but not from their own home)
can detain someone for up to 24hrs
can take someone to a place of safety

40
Q

what is your right to treatment when going through the criminal justice system?

A

you have a right to treatment the entire time

41
Q

When is a person not criminally responsible for an offence?

A

if they have a mental illness or mental disability

A personality disorder alone doesn’t count and that person will be responsible

42
Q

When can a fitness for trial be used?

A

When someone is going on trial because they were mentally well at the time of the crime but are now mentally unwell.

43
Q

Who can be unfit for trial?

A

Someone who is incapable because of a mental or physical condition to engage in the trial

**Not being able to remember the event doesn’t count as unfit for trial

44
Q

What can the court decide to do if the person is unfit for trial?

A 
Make no order
Guardianship order - 
Supervision treatment order 
Compulsion order
Hospital treatment
45
Q

When can diminished responsibility be used?

A

when someone is going to be charged with murder but have a mental disorder or something else which has lead to diminished responsibility

Instead they are charged with CULPABLE HOMICIDE (manslaughter)

46
Q

What orders can be given to restrict CRIMINAL patients?

A 
compulsion order and restriction order
assessment order
treatment order
interim compulsion order
transfer for treatment direction
hospital direction
47
Q

what is a hospital direction?

A

when you start your sentence in hospital

48
Q

when is an assessment order used?

A

Can’t give treatment

when the person has a mental disorder and detention in hospital is necessary

49
Q

when is a treatment order used?

A

CAN give treatment

when the person has a mental disorder and it is treatable

50
Q

who is in charge of restriction orders?

A

Doctor - in a civil matter

Minister - in criminal cases

51
Q

How long does a compulsion order last?

A

6 months, the equivalent of a compulsion treatment order

52
Q

when is a restriction order used?

A

for the most serious offences, the restriction order can last for as long as needed

Exam - M - Psychiatry (Meg) (24 decks)

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