Legal Aspects of Psychiatry Flashcards
What are the types of detention orders?
Emergency Detention Certificate
Short Term Certificate
Compulsory Treatment Order
Who can fill in an emergency detention certificate?
Registered medical practitioner
What criteria must be satisfied for an emergency DC?
- Patient has a mental disorder
- Patient has resulting significant impairment in decision making ability (SIDMA)
- Matter of urgency
- Risk to self and others
- Arrangements to obtain a short term DC would be an undesirable delay
How long does an emergency DC cover?
72 hours
Who can fill in a short term DC?
Approved medical practitioner
What criteria must be satisfied for a short term DC?
- Patient has a mental disorder
- Patient has resulting SIDMA
- Necessary to detain patient to determine treatment
- Risk to self and others
- Short term DC is necessary
How long does a short term DC cover?
28 days
Who can fill in a compulsory treatment disorder?
Application to Mental Health Tribunal made by a Mental Health Officer for the granting of a CTO
How long does a CTO cover?
6 months
What criteria must be satisfied for a CTO?
- Patient has mental disorder
- Patient has resulting SIDMA
- Medical treatment is available
- Risk to self and others
- CTO is necessary
If we believe someone with a mental disorder has no capacity to consent to an operation, what legislation is used?
Adults with Incapacity (Scotland) Act 2000. For physical interventions.
If we believe someone with a mental disorder has no capacity to consent to psychiatric treatment, what legislation is used?
Mental Health (Care and Treatment) (Scotland) Act 2003. For psych interventions.
If we believe someone with a mental disorder is at risk, what legislation is used?
Adult Support and Protection (Scotland) Act 2007. Housing/finance, protect them
What powers does an intervention order give you?
One-off power, application to the court.
What powers does a guardianship order give you?
Usually a family member, makes decisions on behalf of patient. Application to the court.
What powers do the police have?
- Allows 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
What does the criminal justice and licensing act cover?
Criminal responsibility Unfitness for trial Diminished responsibility Restricted patients Assessment order Treatment order Compulsion order Restriction order
What is criminal responsibility?
Not criminally responsible for committing an offence if the person was unable to appreciate the wrongfulness of the conduct
What is unfitness for trial?
Unfit for trial if person is incapable of participating effectively in the trial
What is diminished responsibility?
Based on ability to determine or control conduct for which the person would otherwise be convicted of murder
What are restricted patients?
Restricted patients are persons detained in hospital under a compulsion order with a restriction order.
