Legal Aspects of Psychiatry Flashcards
How is a mental disorder defined?
Any mental illness, personality disorder or learning disability
However caused or manifested
Who can be detained?
Anyone
<18 need child/adolescent specialist
How long is detention authorised for under an emergency detention certificate?
72hrs
How long is detention authorised for under a short term detention certificate?
28 days
How long is detention authorised for under aa compulsory treatment order?
Up to 6 months
How long is detention authorised for under a nurses holding power?
Up to 3hrs
What is required to implement an Emergency Detention certificate?
Registered medical practitioner Must be likely that: - Patient has mental disorder - Because of above, the patients decision making regards to medical treatment Must be urgent and the patient at risk
What is required to implement an short term Detention certificate?
Approved medical practitioner Must be likely that: - Patient has mental disorder - Impaired decision making - Decision to do so is necessary - If not detained, there is risk to patient or others
What is required to implement an Compulsory Treatment Order?
Application to Mental Health Tribunal 2 approved medical practitioners Satisfied that: - Patient has mental disorder - Medical Rx is available that would help - Without Rx there is risk to health, safety or welfare - Impaired decision making - The Order is necessary
What are the criteria for detention?
(Suspected) Mental disorder Significant impairment of decision making ability for medical treatment Significant risk to self or others Treatment available Order necessary
Who are the important individuals in mental health detention?
Named persons
Access to advocacy
What is required to establish an individual’s named person?
Nominated by patient and witnessed
Named person must have witnessed acceptance
What are the considerations when applying to the mental health act?
Intervention must benefit adult, being as least restrictive as possible
Account taken of wishes of adult and account taken of views of relevant others
How does the law regard capacity?
Capacity ASSUMED present unless proven otherwise
What are the main areas of capacity?
Property
Welfare (medical)
Financial
What are the legal powers over capacity?
Intervention Order (1 off) Guardianship Order (make decisions for someone else)
Use of the Mental Health Act doesn’t authorise what?
- Use of force or detention unless immediately necessary and for only as long as necessary
- Action inconsistent with any decisions by court
- Placing an adult in hospital for treatment of mental disorder against his will
What are the Police Powers over mentally disordered offenders?
Removal from public place
Detain for up to 24hrs
Allow assessment and arrangements for their care
What are the requirements of an Assessment Order?
Court satisfied there are grounds of: - Mental disorder - Detention in hospital is necessary - Civil criterion met - Treatment - Suitable available within 7 days - Assessment could not be undertaken Consider circumstances and alternative means
What are the requirements of a treatment order?
Court satisfied by argument of 2 medical practitioners that:
- Treatable Mental disorder
- Civil risk
- Bed within 7 days
What are the requirements of a compulsion order?
Court satisfied by argument of 2 medical practitioners that:
- Treatable mental disorder
- Significant risk
- Necessary to be in hospital
Consider restriction and level of security needed
What are the requirements of a compulsion order?
Oral evidence from atleast 1 medic that:
- Regarding nature of offence of which adult is charged
- As result of mental disorder adult would commit offences
NO LIMIT OF TIME of restriction
What are the effects of a restriction order?
Restriction without time limit
Must review annually
Patient and named person can apply for a review by tribunal
Automatic hearing if none in last 2 years
What are the type of state hospitals in the UK?
High, Medium and Low security with Community centres
What are the roles of state hospitals?
Necessary to detain subjects under Mental Health Act who require treatment under conditions of special security on account of dangerous/criminal propensities
