Legal Aspects of Psychiatry Flashcards
Which piece of legislation covers mental health?
Mental Health (Care and Treatment) (Scotland) Act 2003
List the Millan Principles of Section 1 of the Mental Health Act
- Non-discrimination
- Equality
- Respect for diversity
- Reciprocity
- Informal care
- Participation
- Respect for carers
- Least restrictive alternative
- Benefit
- Child welfare
Give the definition of a mental disorder as defined by the Mental Health Act
- Any mental illness, personality disorder or learning disability however caused or manifested
- But not only by sexual orientation, sexual deviancy, transsexualism, transvetism, dependence on alcohol/drugs, behaviour that causes harassment/alarm/distress to another person or acting as no prudent person would
What are the requirements for an Emergency Detention Certificate?
- Registered Medical Practitioner
- It is likely that the patient has a mental disorder and because of that the patient’s decision making ability with regard to treatment are impaired
- It is necessary as a matter of urgency to detain the patient in hospital in order to determine which treatment is required
- There would be a significant risk to the health, safety or welfare of the patient or another person
- Making arrangements for a short term detention certificate would involve an undesirable delay
What are the requirements for a short term detention certificate?
- Approved medical practitioner
- It is likely that the patient has a mental disorder
- The patients decision making is impaired
- It is necessary to detain the patient to determine which medical treatment should be given
- There is significant risk to the health, safety or welfare of the patient or another person
- The granting of the certificate is necessary
What are the requirements for a compulsory treatment order?
- Application to the mental health tribunal by a mental health officer
- Mental health reports by either a GP + approved medical practitioner or 2 approved medical practitioners
- Must be satisfied that: the patient has a mental disorder, medical treatment is available and would likely prevent deterioration, without which there would be a significant risk to health, safety or welfare of the patient or others, the disorder impairs decision making ability
- The making of the order is necessary
What are the criteria for detention?
- Mental disorder
- Significant impairment of decision making ability
- Significant risk to health, safety or welfare of the patient or another person
- Treatment available
- Order necessary
Which piece of legislation covers incapacity?
Adults with Incapacity (Scotland) Act 2000
What are the principles of the Adults with Incapacity Act?
- The intervention must benefit the adult
- Any intervention must be the least restrictive
- Account must be taken of the past and present wishes of the adult
- Where practicable, account should be taken of the views of relatives, carers and other relevant people (guardians, attorneys etc.)
What powers do the police have?
- Removal from a public place
- Appears to be in immediate need of care or treatment to a place of safety
- Detain for up to 24hrs
- Purpose is to allow assessment and make arrangements for their care and treatment
Which piece of legislation covers criminal responsibility?
Criminal Justice and Licensing (Scotland) Act 2010
When does a mental disorder mean that the person is not criminally responsible?
When at the time of the offence the person was unable to understand the nature or wrongness of their conduct
Which factors are taken into account when assessing whether a patient with mental health issues are fit for trial?
The ability of the person to understand the nature of the charge, the requirement to tender a plea and the effect of the plea, the purpose of the trial, the course of the trial, the evidence that may be given and to instruct/communicate with their legal representative
