Mental Health Flashcards
What is the definition of a Mentally Ill Person as per S4 of the Mental Health Act?
Suffering from mental illness and,
there are reasonable grounds for believing that care, treatment or control of the person is necessary for
person’s own protection from serious harm, or
for the protection of others from serious harm.
What is a mentally disturbed person as per S15 of the Mental Health Act?
the person’s behaviour for the time being is so irrational
that temporary care, treatment or control of the person is necessary—
(a) for the person’s own protection from serious physical harm, or
(b) for the protection of others from serious physical harm.
Can be as a result of a mental illness
What is a Mental Health Impairment as per S4 of the Mental Health and Cognitive Impairment Forensic Provision Act?
a temporary or ongoing disturbance of thought, mood, volition, perception or memory, and
the disturbance would be regarded as significant
the disturbance impairs the emotional wellbeing, judgment or behaviour of the person.
Dose not include if affected by alcohol or drugs
Or a substance abuse disorder
What is a Cognitive Impairment as per S5 of the Mental Health and Cognitive Impairment Forensic Provision Act?
ongoing impairment in adaptive functioning,
comprehension, reason, judgment, learning or memory, and
the impairments result from damage to or dysfunction, developmental delay or deterioration of the person’s brain or mind that may arise from a condition.
What is the first limb of a S12 application under the Mental Health and Cognitive Impairment Provisions Forensic Act?
The defendant has (or had at the time of the alleged commission of the offence)
a mental health impairment or a cognitive impairment, or both.
What is the second limb of a S12 application under the Mental Health and Cognitive Impairment Provisions Forensic Act?
appears to the Magistrate that it would be more appropriate to deal with the defendant in accordance with this Division than otherwise in accordance with law.
What is the third limb of a S12 application under the Mental Health and Cognitive Impairment Provisions Forensic Act?
(3) This Division does not apply if the defendant is a mentally ill person or a mentally disordered person.
When can an application be made under S14 of the Mental Health and Cognitive Impairment Forensic Provisions Act?
Can be made at any time before or after the plea, and during a hearing. Can only made at any time in the local court.
What are the considerations of a magistrate made during a S14 application as per S15 of the Mental Health and Cognitive Impairment Forensic Provisions Act?
In deciding whether it would be more appropriate to deal with a defendant in accordance with this Division, the Magistrate may consider the following—
(a) the nature of the defendant’s apparent mental health impairment or cognitive impairment,
(b) the nature, seriousness and circumstances of the alleged offence,
(c) the suitability of the sentencing options available if the defendant is found guilty of the offence,
(d) relevant changes in the circumstances of the defendant since the alleged commission of the offence,
(e) the defendant’s criminal history,
(f) whether the defendant has previously been the subject of an order under this Act or section 32 of the Mental Health (Forensic Provisions) Act 1990,
(g) whether a treatment or support plan has been prepared in relation to the defendant and the content of that plan,
(h) whether the defendant is likely to endanger the safety of the defendant, a victim of the defendant or any other member of the public,
(i) other relevant factors.
What is the case law for Perry v FORBES?
The need of a clear and effective treatment (treatment plan) likely to ensure no repetition or other unfavourable occurrence.
What is a s19 application as per the Mental Health and Cognitive Impairment Forensic Provisions Act?
A Magistrate may make one or more of the following orders—
(a) an order that the defendant be taken to, and detained in, a mental health facility for assessment,
(b) an order that the defendant be taken to, and detained in, a mental health facility for assessment and that, if the defendant is found on assessment at the mental health facility not to be a mentally ill person or mentally disordered person, the defendant be brought back before a Magistrate or an authorised justice as soon as practicable unless granted bail by a police officer at that facility,
(c) an order for the discharge of the defendant, unconditionally or subject to conditions, into the care of a responsible person.
What does not qualify as a mental illness under S16 of the Mental Health Act?
Has taken alcohol or any other drug
Failing to express a political opinion
Failing to express a religious opinion
Failing to express a sexual preference
