Legal Aspects of Psychiatry Flashcards
Who can fill out a certificate of incapacity form?
GP Consultant psychiatrist Registered nurse Dental practitioner Optician
How long does an emergency detention certificate last for?
Detention up to 72hrs.
How long does a short term detention certificate last for?
Detention up to 28 days.
How long does a compulsory treatment order last for?
Detention up to 6 months
How long does a nurses holding power last for?
Detention up to 3 hours
Which legal document is used in Scotland when assessing if an individual has capacity?
Adults with Incapacity (Scotland) Act 2000
Which powers do the police have?
Removal from public place
Detention up to 24hrs
Transfer patients to places of safety
Which act would be used to determine if an individual had diminished responsibility due to their mental health?
Criminal Justice and Licensing (Scotland) Act 2010
Which of the following are the 5 necessary factors when assessing if a treatment order is necessary?
Mental disorder is likely Treatment available Risk to patient or others Suitable bed available Hospitalisation is necessary
Where can police not remove a person from?
Their house
5 criteria for
4 criteria for
When can you get a restriction order?
Only in addition to another order (compulsion order).
What is considered to be a mental disorder
any mental illness
personality disorder
learning disability
what is NOT classed as a mental disorder?
Dependence or use of alcohol and/or drugs.
Harassing, alarming and distressing behaviour
What age does someone have to be to be detained?
There is no age limit.
<18yrs needs to be detained by a child and adolescence specialist
How long can someone be detained for under the emergency detention certificate?
up to 72hrs
only to be used in emergencies
DOES NOT AUTHORISE TREATMENT
How long can someone be detained for under the short term detention certificate?
up to 28 days
allows detention AND treatment
How long can someone be detained for under the compulsory treatment order?
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
How long can you be detained for under nurses holding power?
Up to 3 hours.
Who can do an emergency detention certificate?
FY2 and upwards
Not an FY1
When is an emergency detention certificate needed?
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
What is SIDMA?
significantly impaired decision making ability
When is a short term detention certificate given?
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
How is a compulsory treatment order granted?
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
What is the criteria for ANY sort of detention?
Mental disorder likely SIDNA risk to health of patient and others order necessary treatment is available
Who is a named person?
someone who the patient nominates to be party to proceedings, the patient trusts their opinion
What is access to advocacy?
Workers who are available to patients to represent them at tribunals etc.
Its the right of every person with a mental disorder.
What is the criteria for an adult with incapacity?
> 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
Who has capacity?
capacity is deemed to be present until proven otherwise
It is decision/situation specific (might have capacity for one thing but not another)
What is an intervention order?
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.
What is a guardianship order?
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
What is a power of attorney?
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.
What should be done if the welfare guardian or power of attorney doesn’t agree?
You can apply to the mental welfare committee for a second opinion
Which act places someone in hospital for treatment against their Will?
mental health act
What orders are part of the mental health act 2003?
Compulsory treatment order
short term detention
emergency detention
Which orders are part of the adults with incapacity act 2000?
Intervention order (one off decision) Guardianship order (court appoints someone to make decisions)
What orders are part of the criminal procedure act 1995?
Police powers
What are the police powers?
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
what is your right to treatment when going through the criminal justice system?
you have a right to treatment the entire time
When is a person not criminally responsible for an offence?
if they have a mental illness or mental disability
A personality disorder alone doesn’t count and that person will be responsible
When can a fitness for trial be used?
When someone is going on trial because they were mentally well at the time of the crime but are now mentally unwell.
Who can be unfit for trial?
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
What can the court decide to do if the person is unfit for trial?
Make no order Guardianship order - Supervision treatment order Compulsion order Hospital treatment
When can diminished responsibility be used?
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)
What orders can be given to restrict CRIMINAL patients?
compulsion order and restriction order assessment order treatment order interim compulsion order transfer for treatment direction hospital direction
what is a hospital direction?
when you start your sentence in hospital
when is an assessment order used?
Can’t give treatment
when the person has a mental disorder and detention in hospital is necessary
when is a treatment order used?
CAN give treatment
when the person has a mental disorder and it is treatable
who is in charge of restriction orders?
Doctor - in a civil matter
Minister - in criminal cases
How long does a compulsion order last?
6 months, the equivalent of a compulsion treatment order
when is a restriction order used?
for the most serious offences, the restriction order can last for as long as needed
