Legal aspects of Psychiatry Flashcards
What is a CTO?
Compulsory Intervention Order
Give the criteria for a CTO
- the person has a mental disorder
- medical treatment is available that would help the disorder
- there is significant risk to the patient’s health/safety/welfare and/or another person’s safety if treatment is not provided
- the patient’s ability to make decisions about provision of medical treatment is significantly impaired by their mental disorder
- making of the order is necessary
How long can a patient be held for under a STDO?
Short term detention order –> can hold a patient for up to 28 days
How long can a patient be held for under an EDC?
Emergency detention certificate –> can hold a patient for up to 72 hours
How long can a patient be held using Nurses’ holding power?
up to 3 hours
What is the criteria for STDOs/EDCs?
Must be likely that the CTO criteria apply, with the exception of the consideration of medical treatment availability
For EDC –> awaiting an AMP would cause undesirable delay
Who can order an STDO?
AMP (approved medical practitioner)
Who can order an EDC?
Any fully qualified medical practitioner (FY2 onwards)
What is the intervention criteria for treating adults with incapacity?
- intervention must benefit the adult
- must be least restrictive
- must take account of the past and present wishes of the adult where possible
- where practical, take account of:
- views of relatives/carers
- views of relevant others
Which legislation covers the treatment of adults who cannot make decisions about their own treatment?
Adults with Incapacity (Scotland) Act 2000
Which legislation covers CTOs, STDOs and EDCs?
Mental Health (care and treatment) (Scotland) Act 2003
Which legislation covers forensic aspects of psychiatry?
Criminal procedure (Scotland) Act 1995
