Legal Aspects of Psychiatry Flashcards
1
Q
How does the Mental Health Act 2003 define mental disorder?
A
- any mental illness, personality disorder or learning disability
- however caused or manifiested
2
Q
What is required to detain someone who is under 18 years old?
A
- child/adolescent specialist
- use of specialist resources
3
Q
What is the criteria for an emergency detention certificate (EDC) (72 hrs) and who can issue it?
A
- registered medical practitioner (FY2+)
- has mental disorder
- significantly impaired decision-making ability in regard to medical treatment (SIDMA)
- significant risk to health, safety or welfare of the patient/public
- urgently necessary to detain to determine medical treatment
- arrangments for a short term detention certificate would involve undesirable delay
4
Q
What is the criteria for a short-term detention certificate (STDC) (28 days) and who can issue it?
A
- approved medical practitioner (AMP)
- e.g. psychiatrist, mental health officer (MHO)
- has mental disorder
- SIDMA
- significant risk to health, safety or welfare of patient/public
- urgently necessary tp detain to determine medical treatment
- a short-term detention certificate is necessary
5
Q
What is the criteria for a compulsory treatment order (CTO) (6 months) and who can issue it?
A
- tribunal considers evidence + makes decision
- GP (MHO) + AMP, or 2x AMP
- has mental disorder
- SIDMA
- significant risk to health, safety or welfare of patient/public
- medical treatment is available to prevent deterioration or alleviate symptoms
- a compulsory treatment order is necessary
6
Q
What is a nurses holding power?
A
Can authorise detention for up to 3 hrs.
7
Q
What are the police power of the Mental Disordered Offenders Provisions- Criminal Procedure Act 1995?
A
- removal from public space
- appears in immediate need of care or treatment to a place of safety (last resort)
- can detain for up to 24 hrs
- to allow assessments and make arrangements for ongoing care and treatment
