Legal aspects of psychiatry Flashcards
What is a mental health disorder as defined by the mental health act 2003?
Any mental illness, personality disorder or learning diability, however caused or manifested.
How long can you detain someone under the emergency detention certificate (EDC)?
An emergency detention certificate allows a person to be held in hospital for up to 72 hours while their condition is assessed.
Who can use the emergency detention certificate?
It can only take place when recommended by a doctor. Where possible, a mental health officer should also agree to it.
Can someone be given treatment under an emergency detention certificate?
Can the emergency detention certificate be appealed?
Patient should not be given treatment unless they agree to it or it is urgent.
It cannot be appealed.
How long can you detain someone under a short term detention?
28 days
Who must agree to the short term detention certificate?
Can the sort term detention certificate be appealed?
A psychiatrist and a mental health officer.
Yes it can be appealed.
Who decides whether a compulsory treatment order is to be granted?
The Mental Health Tribunal decides whether a CTO is to be granted.
The Tribunal is made up of three people - a lawyer, a psychiatrist, and another person with relevant skills and experience, e.g. a nurse, social worker, or someone with personal experience of mental disorder.
How long does a compulsory treatment order last?
The CTO can last up to six months. It can be extended for a further six months and then for periods of 12 months at a time.
