Legal Aspects of Psychiatry Flashcards
Section 328 of the mental health act (2003) defines a mental disorder as
Any mental illness, personality disorder or learning disability however caused of manifested.
Who can be detailed under the mental health act
Anyone, under 18 needs specialist child psychiatrist.
Emergency detention certificate
Authorises detention for up to 72 hours. The patient must be considered to have a mental disorder and because of that mental disorder, the patients decision making ability is impaired. It must be necessary as a matter of urgency to detain the patient to work out what treatment should be given. There must be a significant risk to the health, safety or welfare of the patient or to the safety of another person.
Short term detention certificate
Detention for up to 28 days. This can only be granted by an approved medical practitioner. It must be considered likely the patient has a mental disorder, the patients decision making is impaired. For medical treeatment. If the patient were not detained there would be a significant risk to the health, safety or welfare of the patient.
Compulsory Treatment Order CTO
Authorises detention for up to 6 months. Application to Mental health Tribunal made by Mental Health Officer for the granting. Must be satisfied that the patient has a mental disorder, there is treatment available for this disorder, without this treatment there would be significant risk or civil risk, impaired decision making ability.
Nurses holding power
Authorises detention for up to three hours
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
Named Person
must be nominated by the patient and witnessed and the named person must have witnessed acceptance, they have the same rights as the patient
Definition of an adult in terms of the Adults with Incapacity (2000) act
Over the age of 16
Incapacity (Adults with Incapacity Act)
Incapable of acting, making decisions, communicating decisions, understanding decisions, retaining the memory of decision
Principles that must be considered under the Adults with Incapacity Act
The intervention must benefit the adult
Any intervention shall be the least restrictive in relation to the freedom of the adult, consistent with the purpose of the intervention
Account must be taken of the past and present wishes of the adult
Where practicable, account should be taken of the views of relatives and carers, the views of relevant others.
Guardianship Order
Someone else is appointed to make decisions on behalf of the adult
Intervention Order
One off power required. Application to the court.
The Adults with Incapacity Act does not allow
The use of force or detention, unless it is immediately necessary and only for so long as is necessary in the circumstances.
Action which would be inconsistent with any decision by a competent court.
Placing an adult in a hospital for the treatment of mental disorder against hs will
Public powers
Removal from a public place if there appears to be in immediate need of care or treatment to a place of safety. the patient can be detained for up to 24 hours.
Criminal Responsibility
A person is not criminally responsible for conduct constituting an offence, and is to be acquitted of the offence, if the person was at the time of the conduct unable by reason of mental disorder to appreciate the nature or wrongfullness of the conduct. But if the person has a personality disorder this doesnt apply.
Unfitness for Trial
In determining whether a person is unfit for trial the court is to have regard to the ability of the person to understand the nature of the charge, understand the requirement to tender a plea to the charge and the effect of such a plea, understand the purpose of the trial, understand the evidence that be given against them, instruct and otherwise communicate with the persons legal representative.
Diminished Responsibiliy
A person who would otherwise be convicted of murder is instead convicted of culpable homicide if the person at the time of conduct was substantially impaired by reason of abnormality of mind.
Restriction Order
Court must be satisfied that the criteria are met
Having regard to the nature of the offence with which he is charged;
The antecedents of the person; and
The risk that as a result of his mental disorder he would commit offences if set at large
Effect of a Restriction Order
Without limit of time cf 6 months
RMO must review annually
MWC can initiate a review
Scottish Ministers have a duty to review
Patient and Named Person can make an application for a review by a Tribunal
Automatic hearing if no hearing in last two years
MHO has responsibilities as CO and are set out in the MOP.
