Legal aspects of psychiatry Flashcards
1
Q
Function of mental health laws
A
- Power to provide compulsory care and treatment to those with mental health disorders
- Allows for rights and safeguards to make sure power is used appropriately
- Outlines duties of NHS boards and local authorities to provide range of services to those with mental health conditions
2
Q
Mental Health (Care and Treatment) (Scotland) Act 2003
A
- Section 1
- Non-discrimination
- Equality
- Respect for diversity
- Reciprocity
- Informal care
- Participation
- Respect for carers
- Least restrictive alternative
- Benefit
- Child welfare
- Section 328 (definition of mental disorder)
- Any mental illness
- Personality disorder
- Learning disability
- However caused or manifested
- Does not include: sexual orientation, transsexualism, dependance, illicit behaviours
3
Q
Who can be detained under the mental health act
A
- > 18 years
- > 18 years → requires child/ adolescent specialist (CTO)
4
Q
Key compulsory powers
A
- Emergency detention certification (EDC) → up to 72 hours
- Short-term detention certification (STDC) → up to 28 day s
- Compulsory treatment order (CTO) → up to 6 months
- Nurses holding power → detention up to 3 hours
5
Q
Emergency Detention Certificate (Section 36)
A
- Registered Medical Practitioner
- Patient has a mental disorder hindering decision making ability regarding medical treatment of mental disorder
- Matter of urgency to detail patient
- Significant risk to health, safety or welfare of patient/ another person
- Short-term detention certification is unattainable due to delays
6
Q
Short-term Detention Certification (Section 44 of 2003 Act)
A
- Approved Medical Practitioner
- Patient has a mental disorder
- Impairment to decision making thus provision of medical treatment
- Crucial to detain patient for purpose of medical treatment
- Consequence of not doing so would cause significant risk to health, safety and welfare fo patient and their surroundings
*
7
Q
Compulsory Treatment Order (Section 64 2003 Act)
A
- Applied via Mental Health Tribunal by Mental Health Officer
- Tribunal makes decision according to evidence via Mental Health Reports
- Mental health Reports (GP and Approved Medical practitioner or 2 Approved Medical Practitioners)
- Patient has mental disorder
- Available treatment to prevent deterioration of symptoms
- Lack of treatment → risk to health, safety, welfare of patient and surroundings
- Patient impaired in decision making particularly towards treatment
*
8
Q
Important others
A
- Named Person
- Individual nominated by patient with full consent
- Right to be party to proceedings
- Access to Advocacy
9
Q
Adults with Incapacity (Scotland Act 2000
A
- Definition of adults → anyone over age of 16
- Definition of incapability
- Acting
- Making decisions
- Communicating decisions
- Understanding decisions
- Retaining memory of decision
10
Q
Principles of Adults with Incapacity Act
A
- Interventions must benefit adult
- Intervention must be least restrictive to freedom of patient but consistent with purpose of intervention
- Account for past and present wishes of adult
- Accounts taken of views from relatives, carers and relevant others (guardians, attorneys)
11
Q
Capacity
A
- Presumed present unless proven otherwise
- Situation dependant and decision specific
- Includes property, welfare and financial
12
Q
Intervention order vs guardianship
A
- Intervention Order
- One-off power
- Appointed by court
- Guardianship order
- Someone else makes decision on behalf of adult (financial, welfare or both)
13
Q
Criminal Procedure (Scotland) Act 1995
A
- Allows for powers to the police to:
- Remove person from public place
- Aid those in immediate need of care or treatment to place of safety
- Detain for up to 24 hours
- Allows for assessment and arrangements to be made for their care and management
14
Q
Criminal Justice and Licensing (Scotland) Act 2010
A
- Person suffering from mental disorder and is unable to understand nature and wrongfulness of conduct is not criminally responsible for conducting an offence
- Those suffering only of a personality disorder characteristic of aggression and serious irresponsible conduct is still criminally responsible for action
15
Q
Unfitness for Trial
A
- Those who are incapable to stand trial due to mental or phsical conditions
- Fitness for trial requires person to:
- Understand nature of charge
- Understand requirement to plea and the effect of the plea to the charge
- Understand the purpose, course of trial
- Understand the evidence against them
- Instruct and communicate with legal representative
- Inability to recall event in the manner described does not constitute as unfit fro trial.
