Legal Aspects of Psychiatry Flashcards
What does the mental health act 2003 define a mental disorder as?
Any mental illness, personality disorder or learning disability however caused or manifested
Who can be detained under the mental health act 2003?
> 18 years
< 18 years with child/adolescent specialist and specialist resources
How long can someone be detained under the emergency detention certificate?
Up to 72 hours
How long can someone be detained under the short term detention certificate?
Up to 28 days
How long can someone be detained under a compulsory treatment order?
Up to 6 months
How long can someone be detained under nurses holding power?
Up to 3 hours
What is criteria for detention?
Mental disorder
Treatment available
Significant impairment of decision making ability
Significant risk to health, safety to welfare of person or others
Order necessary
Who is needed for an emergency detention certificate or short term detention certificate?
Registered medical practitioner
Who grants a compulsory treatment order?
Application to Mental health tribunal made by mental health officer
What is the named person?
A right to be party to proceedings
Must be nominated by patient and witnessed and named person must have witnessed acceptance
What is the access to advocacy?
Right of every person with a mental disorder
Adults with incapacity act?
Person > 16
Intervention must benefit adult
Intervention less restrictive in relation to freedom of adult, consistent with the purpose of intervention
What is an intervention order?
One off power required
Application to the court
Guardianship order?
Someone else appointed to make decision on behalf of adult
Financial or welfare or both
Criminal procedure act - police powers
Removal from a public place
Appears to be in immediate need of care or treatment to a place of safety
Detain for up to 24 hours
Purpose to allow assessment and make arrangements for their care and treatment
