Legal Aspects Of Psychiatry Flashcards
What is defined as a mental disorder as defined by the mental health act 2003
Any mental illness,
Personality disorder or
Learning disability
However caused or manifested
How long can you detain someone for under the emergency detention certificate ?
(EDC)
72 hours
How long can you detain someone for under the short term detention certificate
28 days
How long can you detain someone for under the Compulosry treatment order
6 months
How long can you detain someone for under the nurses holding power
Up to 3 hours
How can you make a compulsory treatment order
Application to Mental Health Tribunal made by mental heatlth officer
Mental health reports from 2 approved medical practitioners
5 criteria for detention
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
What is a named person
Person with right to be party to proceedings,
Must be nominated by the patient and witnesses and the named person must have witnessed acceptance
Access to advocacy
Right of every person with a mental disorder
Define an adult with incapacity
Someone over 16 who is incapable of: Acting or, Making decisions or, Communicating decisions or, Understanding decisions or Retaining the memory of decisions
When applying the act of adults with incapacity 2000 what must be considered?
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)
Areas to have capacity
Property,
Welfare (medical),
Financial
What is an intervention order?
One off power required,
Application to the court
What is a guardianship order
someone else is appointed to make decisions on behalf of the adult
What does an adult with incapacity act not authorise?
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
What does the criminal procedure act of 1995 allow
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
Criminal Justice and licensing at 2010, criminal responsibility of persons with mental disorder
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
To determine someone unfit for trial the person must not…
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
Define diminished responsibility
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
Forensic section orders and options
Compulsion order and restriction order, Assessment order, Treatment order, Interim compulsion order, Transfer for treatment direction, Hospital direction
In assessment order what does the court have to consider?
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
What other thing do you need to consider in compulsion order?
Level of security
What are the criteria for the restriction order?
Nature of offence charge,
Antecedents of person,
Large risk of mental health
Necessary for protection of public
What is a state hospital
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
