Legal aspects of psychiatry

Question 1

• Be familiar with the interface between the police, the criminal justice system and psychiatric services
• Be familiar with the main provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Criminal Procedure (Scotland) Act

Answer 1

.

Question 2

Mental disorder is defined as what by the Mental Health (Care and Treatment)(Scotland) Act 2003 (4)

Answer 2

Any mental illness, personality disorder or learning disability, however caused or manifested.

Question 3

What age can be detained by the Mental Health (Care and Treatment)(Scotland)

Answer 3

18yrs

< 18
-Can still be detained bur need child / adolescent specialist (CTO etc)

Question 4

Name the 4 key civil compulsory powers and up to how long duration each authorises detention

Answer 4

Emergency detention certificate (EDC)
-Authorises detention for up to 72 hours

Short-term detention certificate (STDC)
-Authorises detention for up to 28 days

Compulsory Treatment Order (CTO)
-Authorises detention for up to six months

Nurses holding power
-Authorises detention for up to three hours

Question 5

Who can grant a

• EDC
• STDC
• CTO

Answer 5

EDC - Registered medical practitioner EXCEPT FY1, e.g FY2 (NOT an AMP yet)

STDC - approved medical practitioner (AMP) +/- MHO

CTO - AMP AND MHO
-MHO applies for a CTO to the mental health tribunal

Question 6

Criteria for detention under mental health act

Answer 6

Mental disorder present

Significant impairment of Decision Making Ability for medical treatment of the mental disorder

Significant risk to health, safety or welfare of the person or the safety of any other person

Treatment available

Order necessary and least restrictive

Question 7

Adult incapacity act 2000 defines an adult as incapable of (5)

Answer 7

Acting or
Making decisions or
Communicating decisions or
Understanding decisions or 
Retaining memory of decisions

Question 8

Principles of the adult incapacity act 2000

Answer 8

The intervention must benefit the adult

Any intervention shall be the least restrictive in relation to the freedom of the adult

Account must be taken of the past and present wishes of the adult

Question 9

Capacity is presumed to be present unless

Answer 9

proven otherwise

Question 10

3 areas of capacity

Answer 10

Property
Welfare (Medical)
Financial

Question 11

If have no capacity, what legal orders (powers) can be used

Answer 11

Intervention order - one off power required by applying to court

Guardianship order - someone who has been appointed by the patient to make decisions on behalf of them

Question 12

What act applies to mentally disordered offenders

Answer 12

Criminal Procedure (Scotland) Act 1995

Question 13

Criminal Procedure (Scotland) Act 1995 can be used in what circumstances

Answer 13

Remove person from public place

Appears to be in immediate need of care or treatment to a place of safety

Detain for up to 24 hours

Question 14

What is a person of diminished responsibility

Answer 14

A person who would otherwise be convicted of murder instead convicted of culpable homicide (aka manslaughter in England) on grounds of diminished responsibility due to an impaired ability to control behaviour due to abnormality of mind (e.g. mental disorder)

Question 15

What are restricted patients

Answer 15

mentally disordered offenders who are detained in hospital for treatment and who are subject to special controls by the Justice Secretary due to the level of risk they pose