Legal aspects of psychiatry

Question 1

Main aims of mental health legislation

Answer 1

power to provide compulsory care and treatment for those with a medical disorder

Question 2

10 principles of mental health (care&treatment)(Scotland) Act 2003

Answer 2

respect diversity 
equality 
benefit 
child welfare 
least restrictive alternative 
non-discrimination 
informal care 
reciprocity 
respect for carers 
participation

Question 3

mental disorder

Answer 3

Any mental illness, personality disorder or learning disability however caused or manifested

Question 4

Who can be detained under mental health act?

Answer 4

any >18

under 18 - need child/adolescent specialist and resources

Question 5

5 main criteria for key civil compulsory powers of mental health act

Answer 5

mental disorder
treatment available
significant risk to health, safety, welfare of person or safety of others
order necessary
significant impairment of decision making ability for treatment of mental disorder

Question 6

Key civil compulsory powers of mental health act

Answer 6

Emergency detention certificate - 72 hours
short term detention certificate - 28 days
compulsory treatment order - up to 6 months

Question 7

Named person

Answer 7

right to be party to proceedings

nominated by patient and witnessed acceptance

Question 8

Adults with incapacity - define adult and incapacity

Answer 8

16

unable to act, make/remember/communicate/understand decisions

Question 9

What to take into account with adults with incapacity act

Answer 9

beneficial, patients past and present wishes, family wishes, guardian, attorney

Question 10

Capacity - when is it present?

Answer 10

always assumed to be present unless otherwise proven

Question 11

Capacity - decision specific?

Answer 11

yes

Question 12

Intervention and Guardianship order - adults with incapacity

Answer 12

intervention = 1 off, apply to court 
guardianship = appointed to make decisions on patients behalf

Question 13

Adults with incapacity act - what shall it not authorise?

Answer 13

force, detention - unless necessary
action inconsistent with that of competent court
placing adult in hospital against their will for mental disorder

Question 14

Police powers - criminal procedure act

Answer 14

remove from public space and detain up to 24hrs
immediate need of care/treatment to place of safety
allow assessment and make arrangements

Question 15

criminal justice and licensing act - criminal responsibility acquitted?

Answer 15

unable to appreciate wrongfulness

Question 16

criminal justice and licensing act - unfitness for trial

Answer 16

incapable of participating or understanding use of evidence/purpose/nature

Question 17

criminal justice and licensing act - what order can court undertake if unfit for trial?

Answer 17

compulsion order and restriction order

Question 18

criminal justice and licensing act - diminished responsibility

Answer 18

murder –> culpable homicide

Question 19

Assessment order - requirements

Answer 19

mental disorder
detention necessary 
treatment 
civil risk 
bed available within 7 days 
assessment not undertaken if not in hospital

Question 20

Treatment order requirements

Answer 20

mental disorder
treatable
civil risk

Question 21

Compulsion order requirements

Answer 21

mental disorder 
treatment 
risk 
necessary 
security/restriction order?

Question 22

Time limit for restriction order

Answer 22

none

Question 23

High secure

Answer 23

the state hospital - very high security, criminal procedure or mental health act

Question 24

3 main acts to know

Answer 24

mental health (care and treatment)(Scotland)2003
criminal procedure (Scotland) act 1995
adults with incapacity (Scotland) act 2000