Legal Aspects of Psychiatry

Question 1

What are the types of detention orders?

Answer 1

Emergency Detention Certificate
Short Term Certificate
Compulsory Treatment Order

Question 2

Who can fill in an emergency detention certificate?

Answer 2

Registered medical practitioner

Question 3

What criteria must be satisfied for an emergency DC?

Answer 3

1. Patient has a mental disorder
2. Patient has resulting significant impairment in decision making ability (SIDMA)
3. Matter of urgency
4. Risk to self and others
5. Arrangements to obtain a short term DC would be an undesirable delay

Question 4

How long does an emergency DC cover?

Answer 4

72 hours

Question 5

Who can fill in a short term DC?

Answer 5

Approved medical practitioner

Question 6

What criteria must be satisfied for a short term DC?

Answer 6

1. Patient has a mental disorder
2. Patient has resulting SIDMA
3. Necessary to detain patient to determine treatment
4. Risk to self and others
5. Short term DC is necessary

Question 7

How long does a short term DC cover?

Answer 7

28 days

Question 8

Who can fill in a compulsory treatment disorder?

Answer 8

Application to Mental Health Tribunal made by a Mental Health Officer for the granting of a CTO

Question 9

How long does a CTO cover?

Answer 9

6 months

Question 10

What criteria must be satisfied for a CTO?

Answer 10

1. Patient has mental disorder
2. Patient has resulting SIDMA
3. Medical treatment is available
4. Risk to self and others
5. CTO is necessary

Question 11

If we believe someone with a mental disorder has no capacity to consent to an operation, what legislation is used?

Answer 11

Adults with Incapacity (Scotland) Act 2000. For physical interventions.

Question 12

If we believe someone with a mental disorder has no capacity to consent to psychiatric treatment, what legislation is used?

Answer 12

Mental Health (Care and Treatment) (Scotland) Act 2003. For psych interventions.

Question 13

If we believe someone with a mental disorder is at risk, what legislation is used?

Answer 13

Adult Support and Protection (Scotland) Act 2007. Housing/finance, protect them

Question 14

What powers does an intervention order give you?

Answer 14

One-off power, application to the court.

Question 15

What powers does a guardianship order give you?

Answer 15

Usually a family member, makes decisions on behalf of patient. Application to the court.

Question 16

What powers do the police have?

Answer 16

• 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

Question 17

What does the criminal justice and licensing act cover?

Answer 17

Criminal responsibility
Unfitness for trial
Diminished responsibility 
Restricted patients 
Assessment order 
Treatment order 
Compulsion order 
Restriction order

Question 18

What is criminal responsibility?

Answer 18

Not criminally responsible for committing an offence if the person was unable to appreciate the wrongfulness of the conduct

Question 19

What is unfitness for trial?

Answer 19

Unfit for trial if person is incapable of participating effectively in the trial

Question 20

What is diminished responsibility?

Answer 20

Based on ability to determine or control conduct for which the person would otherwise be convicted of murder

Question 21

What are restricted patients?

Answer 21

Restricted patients are persons detained in hospital under a compulsion order with a restriction order.