Legal Aspects Of Psychiatry

Question 1

What is defined as a mental disorder as defined by the mental health act 2003

Answer 1

Any mental illness,
Personality disorder or
Learning disability
However caused or manifested

Question 2

How long can you detain someone for under the emergency detention certificate ?
(EDC)

Answer 2

72 hours

Question 3

How long can you detain someone for under the short term detention certificate

Answer 3

28 days

Question 4

How long can you detain someone for under the Compulosry treatment order

Answer 4

6 months

Question 5

How long can you detain someone for under the nurses holding power

Answer 5

Up to 3 hours

Question 6

How can you make a compulsory treatment order

Answer 6

Application to Mental Health Tribunal made by mental heatlth officer
Mental health reports from 2 approved medical practitioners

Question 7

5 criteria for detention

Answer 7

Mental disorder
Significant impairment of decision making ability,
Significant risk to health, safety or welfare of the person or the safety of other people,
Treatment available,
Order necessary

Question 8

What is a named person

Answer 8

Person with right to be party to proceedings,

Must be nominated by the patient and witnesses and the named person must have witnessed acceptance

Question 9

Access to advocacy

Answer 9

Right of every person with a mental disorder

Question 10

Define an adult with incapacity

Answer 10

Someone over 16 who is incapable of:
Acting or,
Making decisions or,
Communicating decisions or, 
Understanding decisions or 
Retaining the memory of decisions

Question 11

When applying the act of adults with incapacity 2000 what must be considered?

Answer 11

Intervention must be benefit the adult,
Any intervention shall be the least restrictive in relation to freedom of adult,
Account must be taken of past and present wishes of the adult,
Account should be taken of:
-views of relatives and carers,
-views of relevant others (guardians, attorneys)

Question 12

Areas to have capacity

Answer 12

Property,
Welfare (medical),
Financial

Question 13

What is an intervention order?

Answer 13

One off power required,

Application to the court

Question 14

What is a guardianship order

Answer 14

someone else is appointed to make decisions on behalf of the adult

Question 15

What does an adult with incapacity act not authorise?

Answer 15

The use of force or detention, unless immediately necessary,
Action would be inconsistent with any decision by a competent court,
Placing an adult in a hospital for the treatment of mental disorder against his will

Question 16

What does the criminal procedure act of 1995 allow

Answer 16

Police to:
Remove from a public place,
Detain for up to 24hrs if appears to be in immediate need of care or treatment in a place of safety,

Purpose is to allow assessment and make arrangement for their care and treatment

Question 17

Criminal Justice and licensing at 2010, criminal responsibility of persons with mental disorder

Answer 17

A person is not criminally responsible fot conduct constituting an offence, if the person was at the tome of the conduct unable by reason of mental disorder to appreciate the nature of wrongfulness of conduct

But doesn’t lack criminal responsibility if mental disorder in question only consists of a personality disorder which is characterised by abnormally aggressive

Question 18

To determine someone unfit for trial the person must not…

Answer 18

Understand the nature of the charge,
Understand the requirement to tender a plea to the charge,
Understand the purpose of and follow the course of the trial,
Understand the evidence that may be given against them,
Instruct and otherwise communicate with the persons legal representative

Question 19

Define diminished responsibility

Answer 19

A person who would otherwise by convicted of murder is instead to be convicted of culpable homocide on grounds of diminished responsibility if the persons ability to determine or control conduct was substantially impaired by reason of abnormality of mind

Question 20

Forensic section orders and options

Answer 20

Compulsion order and restriction order, 
Assessment order, 
Treatment order, 
Interim compulsion order, 
Transfer for treatment direction, 
Hospital direction

Question 21

In assessment order what does the court have to consider?

Answer 21

Mental disorder, 
Detention in hospital is necessary,
Civil risk criterion met, 
Treatment, 
Suitable bed available in 7 days, 
Assessment could not be undertaken if not in hospital 

Also has to consider:
All circumstances (eg offence),
Any alternative means of dealing with the person

Question 22

What other thing do you need to consider in compulsion order?

Answer 22

Level of security

Question 23

What are the criteria for the restriction order?

Answer 23

Nature of offence charge,
Antecedents of person,
Large risk of mental health
Necessary for protection of public

Question 24

What is a state hospital

Answer 24

For people subject to detention under the criminal procedure act 1995, the mental health act 2003
Who require treatment under on dictions do special security on account of their dangerous, violent or criminal propensities