Legal aspects of psychiatry

Question 1

Why do we have the mental health law?

Answer 1

1 - Gives the power to provide compulsory care and treatment for people with a mental disorder

2 - Provides rights and safeguards to make sure those powers are used appropriately

Question 2

What are the principles of the mental health act of Scotland 2003?

Answer 2

1 - Non-discrimination

2 - Equality

3 - Respect for diversity

4 - Reciprocity (mutual benefits)

5 - Respects for carers

6 - Child welfare

Question 3

How does section 328 of the mental health act 2003 define mental disorders?

Answer 3

Any mental illness, Personality disorder or Learning disability however caused or manifested

Question 4

Who can be detained under the mental health act 2003?

Answer 4

1 - Anyone > 18 years old

2 - < 18 years old:

• Can still be obtained
• Need child/adolescent specialist
• Use specialist resources

Question 5

For how long can someone be detained under the emergency detention certificate?

Answer 5

up to 72 hours

Question 6

For how long can someone be detained under the short-term detention certificate?

Answer 6

Up to 28 days

Question 7

How long can someone be detained for under a compulsory treatment order (CTO)?

Answer 7

Up to 6 months

Question 8

How long can someone be held under ‘Nurses holding power’?

Answer 8

up to 3 hours

Question 9

What are the criteria for detention of someone under the mental health act 2003?

Answer 9

1 - Mental disorder present

2 - Significant impairment of decision making ability for medical treatment about their mental disorder

3 - There is a significant risk to health, safety or welfare of the person of others

4 - There is treatment available

5 - The order for detention is necessary

Question 10

How are ‘adults with incapacity defined’?

Answer 10

1 - Adult = 16 years or older

2 - Incapacitated = Incapable of the following:

• Making decisions
• Communicating decisions
• Understanding decisions
• Retaining the memory of decisions

Question 11

What principles must be taken into account when applying the mental health act 2003?

Answer 11

1 - Intervention must benefit the adult

2 - Intervnetion will be the least restrictive in relation to the freedom of the adult

3 - Must take into account the past and present wishes of the adult

4 - Where practical, take into account the views of:

• Relatives and carers

Question 12

Up until when is capacity presumed to be present?

Answer 12

Until proven otherwise

Question 13

Is capacity a general thing, or does it vary based on the decision being made?

Answer 13

Capacity is said to be decision specific

Question 14

What are the broad categories of capacity commonly assessed?

Answer 14

1 - Property

2 - Welfare (medical)

3 - Financial

Question 15

What is a guardianship order?

Answer 15

Someone else is appointed to make decisions on behalf of the adult (financial, welfare or both)

Question 16

What are the steps involved in applying the ‘adults with incapacity act’ to new patients?

Answer 16

1 - Is patient aged 16 or over

2 - Is the case an emergency?

3 - Does patient have capacity to decide on proposed treatment?

4 - If no, does patient have welfare of attorney, welfare of guardian?

5 - If no, then complete a certificate of incapacity and treat. If yes, then consult with WA or WG

Question 17

What does the ‘adults with incapacity’ act not authorise?

Answer 17

Placing an adult in hospital for treatment of mental disorder against their will

Question 18

What powers do the police have with respect to mentally disordered offenders?

Answer 18

1 - Removal of someone from a public place

2 - Take someone to a place of safety if they appear to be in immediate need of care or treatment

3 - Detain someone for up to 24 hours

4 - Detain someone for the purpose of assessment and make arrangements for their care and treatment

Question 19

In relation to mental disorders and criminality, what would make someone not criminally responsible?

Answer 19

• If at the time of conduct, the person by reason of mental disorder was unable to appreciate the nature or wronfullness of the conduct

Question 20

What conditions are not covered by the criminal responsibility of persons with mental disorder act?

Answer 20

Personality disorder characterised by abnormally agressive or seriously irresponsible conduct

Question 21

How is someone assessed as being fit enough to undergo a criminal trial?

Answer 21

1 - Ability to understand nature of the charge

2 - Ability to understand the purpose of and follow course of the trial

3 - Ability to understand the evidence

Question 22

In what situation could someone be charged with diminished responsibility?

Answer 22

• The persons ability to determine or control conduct for which the person would otherwise be convicted or murder, was at the time of the conduct, substantially impaired by reason of abnormality of mind

Question 23

What are the common mental health disorders found in prisoners?

Answer 23

• Major illness
• Psychotic illness
• Alcohol & drug misuse