Legal Aspects of Psychiatry Flashcards
What does MDO mean?
Mentally disordered offender
How is mental disorder defined by the mental health act?
Any mental illness, personality disorder or learning disability however caused or manifested
Who can be detained?
> 18 yrs
<18 can still be detained but need child/adolescent specialist where possible
What is an emergency detention certificate?
Authorises detention for up to 72 hours
What is a short-term detention certificate?
Authorises detention for up to 28 days
What is a compulsory treatment order?
Authorises detention for up to 6 months
What is nurses holding power?
Authorises detention for up to 3 hours
What is the general criteria for detention?
Mental disorder
Significant impairment of decision making ability for medical treatment about mental disorder
Significant risk to health, safety or welfare of the person or the safety of any other person
Treatment available
Order necessary
What is a named person?
A right to be party to proceedings
Must be nominated by the patient and witnessed and the named person must have witnessed acceptance
What is the definition of incapable?
Incapable of acting, making, communicating, understanding or retaining the memory of decisions
What areas does the capacity act focus on?
Property
Welfare (medical)
Financial
What is a guardianship order?
Someone else is appointed to make decisions on behalf of the adult
What is an intervention order?
One off power required, application to the court
What are police orders?
Removal from a public place
Appears to be in immediate need of care or treatment to a place of safety
Detain for up to 24hrs
Purpose to allow assessment and make arrangements for their care and treatment
What is diminished responsibility?
A person ho would otherwise be convicted of murder is instead to be convicted of culpable homicide on grounds to determine or control conduct for which the person would otherwise be convicted of murder was, at the time of conduct, substantially impaired by reason of abnormality of mind
