Legal Aspects of Psychiatry

Question 1

What does the mental health act 2003 define a mental disorder?

Answer 1

Any mental illness, personality disorder or learning disability

Question 2

What does the MHA define an adult as?

Answer 2

Anyone over 18

Question 3

What age can you detain someone under the MHA?

Answer 3

Any

Question 4

What detentions are covered under the MHA?

Answer 4

Emergency detention certificate
Short term detention certificate
Compulsory treatment order
Nurses holding power

Question 5

EDC

Answer 5

72h

Registered medical practitioner

Question 6

STDC

Answer 6

28 days

Approved medical practitioner (psychiatrist)

Question 7

CTO

Answer 7

6 months

2 reports sent to tribunal by mental health worker

Question 8

Generally, what is the criteria for the EDC, STDC, CTO?

Answer 8

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

Question 9

Nurses holding power

Answer 9

3h

Medical assessment

Question 10

What does the adults with incapacity act define a child by?

Answer 10

Under 16

Question 11

What is incapacity defined as?

Answer 11

Incapable of action, making/communicating/understanding/remembering decisions

Question 12

How do you prove capacity?

Answer 12

Capacity is present until proven otherwise

Question 13

What is an intervention order?

Answer 13

Used for one off decision

Application to the court

Question 14

What is a guardianship order?

Answer 14

Person appointed by the law to make decisions on behalf of the adult (welfare, financial or both)

Question 15

What is a power of attorney?

Answer 15

Someone elected by the patient to make decisions on their behalf when they are incapacitated

Question 16

What can the adults with incapacity act 2000 not be used for?

Answer 16

Detaining mental health patient against their will
Action inconsistent with decisions made by court
Use of unnecessary force/detention

Question 17

What are the police powers under the criminal procedure act 1995?

Answer 17

Removal from public place if in immediate need of care/Rx/safe place
For 24h

Question 18

What is involved in the criminal justice and licensing act 2010?

Answer 18

Criminal responsibility
Unfitness for trial
Diminished responsibility

Question 19

What does the criminal responsibility section detail?

Answer 19

Person not responsible for consulting an offence if they were unable to (due to a mental disorder) appreciate the wrongfulness/nature of their conduct

Question 20

What does the unfitness for trial detail?

Answer 20

Person is incapable of participating in a trial

Not just that they can’t recall the event

Question 21

What does the diminished responsibility section detail?

Answer 21

Changing someone’s charge from murder to culpable homicide as they were impaired by abnormality of mind (not intoxication)