Legal Aspects of Psychiatry Flashcards
Who can be detained under the mental health act?
- > 18yrs
- < 18
- Can still be detained
- Need child / adolescent specialist (CTO etc)
- Use specialist resources (where ever possible)
What are the 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 Section 2-4 principles of the Adults with Incapacity Act 2000 must be considered when applying the 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 (guardians, attorneys, etc
According to the Adults with Incapacity Act 2000;
What is the definition of incapacity?
“incapable” means incapable of;
- Actin; or
- Making decisions; or
- Communicating decisions; or
- Understanding decisions; or
- Retaining the memory of decisions
Capacity is ____________________________
Capacity is presumed to be present unless proven otherwise.
According to the Criminal Justice and Licensing (Scotland) Act 2010;
Who is exempt from having responsibility?
A person is not criminally responsible for conduct constituting an offence and is to be acquitted of the offence if the time of the conduct unable by reason of mental disorder to appreciate the nature of the wrongfulness of the conduct
According to the Criminal Justice and Licensing (Scotland) Act 2010;
Who is unfit for trial?
A person is unfit for trial if it established on the balance of probabilities that the person is incapable by reason of a mental or physical condition of participating effectively in a trial.
In determining whether a person is unfit for trial the court is to have regard to
A) 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, and follow the course of, the trial
- Understand the evidence that may be given against the person
- Instruct and otherwise communicate with the person’s legal representative, and
B) Any other factor which the court considers relevant
According to the Mental Health 2003;
What are the section 1 principles?
- Non-discrimination
- Equality
- Respect for diversity
- Reciprocity
- Informal care
- Participation
- Respect for carers
- Least restrictive alternative
- Benefit
- Child welfare
According to the Mental Health 2003;
A mental disorder is defined as???
Section 328 defines mental disorder as:
- any mental illness,
- personality disorder or
- learning disability
- however caused or manifested.
What 5 factors must be satisfied for someone to be detained under the Compulsory Treatment Order Section 64 of the 2003 Act?
- the patient has a mental disorder
- medical treatment is available and would be likely to prevent deterioration or alleviate symptoms
- without treatment there would be significant risk to health, safety or welfare of patient or safety of others
- mental disorder significantly impairs decision making ability
- making of compulsory treatment order is necessary
What is the 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 must be satisfied for a restriction order to be made?
- 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
That it is necessary for the protection of the public from serious harm so to do, the court may, subject to the provisions of this section, further order that the person shall be subject to the special restrictions set out in Part 10 of the 2003 Act, without limit of time
