Legal Aspects of Psychiatry Flashcards
According to the Mental Health Act, what constitutes ‘mental disorder’?
- any mental illness, personality disorder or learning disability, however caused or manifested
- DOES NOT include intoxication with alcohol or other drugs
Who can be detained under the MHA?
anyone (although those under 18 should really have a child/adolescent specialist also)
How long can an emergency detention certificate detain someone for according to law?
up to 72 hours
How long can a short-term detention certificate detain someone for according to law?
up to 28 days
How long can a compulsory treatment order detain someone for according to law? Who can issue one of these?
- up to 6 months
- must be more than one senior professional advising
What detainment powers do nurses hold?
can authorise detainment for up to 3 hours
What are the general criteria for detainment?
- mental disorder
- significant impairment of Decision Making Ability for medical treatment about a medical disorder
- risk to safety of others or self
- treatment available
- order necessary
Who does the Adults with Incapacity act apply to?
anyone over the age of 16
What are the powers of the Adults with Incapacity Act?
- to pick someone capable of making decisions for a person when incapacitated
- to do a one off intervention when the person is deemed incapable of consenting themselves
What are the 4 principles of the Adults with Incapacity Act?
- intervention must benefit adult
- any intervention must be 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
- wehere practicable, account should be taken of the views of relatives and carers and of revenant others e.g. guardians, attorneys etc
What are the rights of people in criminal proceedings in terms of mental health services?
at any stage in the criminal proceedings, the you are able to have access to mental health services and treatment
