Legal Aspects of Psychiatry Flashcards
What does the mental health act 2003 define a mental disorder?
Any mental illness, personality disorder or learning disability
What does the MHA define an adult as?
Anyone over 18
What age can you detain someone under the MHA?
Any
What detentions are covered under the MHA?
Emergency detention certificate
Short term detention certificate
Compulsory treatment order
Nurses holding power
EDC
72h
Registered medical practitioner
STDC
28 days
Approved medical practitioner (psychiatrist)
CTO
6 months
2 reports sent to tribunal by mental health worker
Generally, what is the criteria for the EDC, STDC, CTO?
Patient has mental disorder
Patient has impaired decision making about Rx for that condition
Necessary to detain patient for treatment
Risk to self/others
Necessary
Nurses holding power
3h
Medical assessment
What does the adults with incapacity act define a child by?
Under 16
What is incapacity defined as?
Incapable of action, making/communicating/understanding/remembering decisions
How do you prove capacity?
Capacity is present until proven otherwise
What is an intervention order?
Used for one off decision
Application to the court
What is a guardianship order?
Person appointed by the law to make decisions on behalf of the adult (welfare, financial or both)
What is a power of attorney?
Someone elected by the patient to make decisions on their behalf when they are incapacitated
What can the adults with incapacity act 2000 not be used for?
Detaining mental health patient against their will
Action inconsistent with decisions made by court
Use of unnecessary force/detention
What are the police powers under the criminal procedure act 1995?
Removal from public place if in immediate need of care/Rx/safe place
For 24h
What is involved in the criminal justice and licensing act 2010?
Criminal responsibility
Unfitness for trial
Diminished responsibility
What does the criminal responsibility section detail?
Person not responsible for consulting an offence if they were unable to (due to a mental disorder) appreciate the wrongfulness/nature of their conduct
What does the unfitness for trial detail?
Person is incapable of participating in a trial
Not just that they can’t recall the event
What does the diminished responsibility section detail?
Changing someone’s charge from murder to culpable homicide as they were impaired by abnormality of mind (not intoxication)
