Mental Health Legislation

Question 1

What is mental disorder defined as in mental health care and treatment?

Answer 1

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

Question 2

Who can be detained?

Answer 2

Over 18 year olds
Under 18s can be detained but need child/ adolescent specialist and use specialist resources

Question 3

What are some key civil compulsory powers?

Answer 3

Emergency detention certificate - detention for up to 72 hrs
Short term detention certificate - up to 28 days
Compulsory treatment order - up to 6 months
Nurses holding power - up to 3 hours

Question 4

Describe emergency detection certificate section of 2003 act

Answer 4

Registered medical practitioner
Must consider it likely the patient has a mental disorder and they are unable to decision make
Must be necessary and have significant risk to health and safety

Question 5

Describe short term detention certificate of 2003 act

Answer 5

Approved medical practitioner
Consider it likely they have a mental disorder and unable to make decisions about medical treatment
Is necessary

Question 6

Describe compulsory treatment order of 2003 act

Answer 6

Application to mental health tribunal - consider evidence and make decision
GP and approved medical practitioner
Must have a mental disorder, without treatment there is risk to health and is necessary

Question 7

What are the criteria’s of detention?

Answer 7

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

Question 8

What is a named person?

Answer 8

A right to be party to proceedings
Must be nominated by the patients and witnessed and the named person must have witnessed acceptance

Question 9

What is access to advocacy?

Answer 9

Right of every person with a mental disorder

Question 10

What is the definition of the adults with incapacity act 2000?

Answer 10

Person who has attained the age of 16 years
Incapable of acting, making decisions, communicating decisions, understanding and retaining memory of decisions

Question 11

What are the principles to consider in the adults with incapacity act?

Answer 11

Invention must benefit the adult
Any intervention should be least restrictive
Account must be taken of past and present wishes of the adult, also views of relatives and carers

Question 12

What are the areas of incapacity?

Answer 12

Property, welfare and financial

Question 13

What is intervention order?

Answer 13

One off power required and 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 is criminal procedure act 1995?

Answer 15

Removal from a public place
Immediate need of care and treatment to a place of safety
Detain for up to 24 hours
Allows assessment and make arrangements for care

Question 16

What is included in criminal justice and licensing act 2010?

Answer 16

Criminal responsibility and unfitness for trial
Diminished responsibility

Question 17

What is diminished responsibility?

Answer 17

A person who is otherwise convicted of murder is instead convicted of culpable homicide as substantially impaired by reason of abnormality of mind

Question 18

What is the effect of being restricted?

Answer 18

Special provisions to leave
Oversight by Scottish ministers
Special functions for the tribunal

Question 19

What is an assessment order?

Answer 19

Court is satisfied there are reasonable grounds that mental disorder and detention in hospital is necessary + treatment
Assessment can not be undertaken if not in hospital

Question 20

What is a treatment order?

Answer 20

Court satisfied on a basis of evidence from 2 medical practitioners - mental disorder, treatment and civil risk
Suitable bed available within seven days

Question 21

What is a compulsion order?

Answer 21

Evidence of 3 medical practitioners - mental disorder, availability of treatment, significant risk and necessary to be in hospital
Need to consider level of security

Question 22

What is a restriction order?

Answer 22

Have regard to nature of the offence which is charged, antecedents of the person and risk of mental disorder to commit offences