Mental Health Legislation

Question 1

Section 2

Answer 1

Compulsory admission for assessment
Used when diagnosis and response to treatment are unknown
Medication may be used as part of the assessment
28 days
2 doctors and AMHP

Question 2

Section 3

Answer 2

Compulsory admission for treatment
Used when diagnosis and treatment response are established
6 months (may be extended)
2 doctors + AMHP

Question 3

Section 4

Answer 3

Emergency admission for assessment
No time to wait for section 2
72h
1 doctor + AMPH

Question 4

Section 5(2)

Answer 4

Doctors holding power
-> detention of a hospital patient receiving any form of treatment to allow time for review for section 2 or 3
72h
Doctor responsible for patients care

Question 5

Section 5(4)

Answer 5

Nurses holding power
-> urgent detention of an in patient receiving treatment for a mental disorder to allow review by a doctor
6 hours
Registered mental health nurse

Question 6

Section 135

Answer 6

Police entrance to private premises to remove someone with a suspected or know mental health disorder to a place of safety for further assessment.
72h
AMHP + magistrate

Question 7

Section 136

Answer 7

Police officer to remove someone with a suspected or know mental health disorder from a public place to a place of safety for further assessment
72h
Police officer

Question 8

Section 17

Answer 8

Community treatment order
Supervised treatment in the community of patients liable to detention under section 3
-> must attend appointments
-> recalled if non-concordant or unwell
Specific treatment can’t forcibly be given

Question 9

Section 35

Answer 9

Remand in hospital for report on mental condition
Individuals that are charged with an offence that could lead to imprisonment
28 days - 12 weeks
Crown or magistrates court

Question 10

Section 36

Answer 10

Remand in hospital for treatment
Those charged with an offence that could lead to imprisonment
28 days-12 weeks
Crown court

Question 11

Section 37

Answer 11

Hospital order

Detention and treatment of an individual convicted of an imprisonable offence

Question 12

Consent to treatment

Answer 12

Clarifies the extent to which treatments can be imposed on patients
Under section 3 or 37 treatment may be enforced against the patients will for 3 months
Can’t give ECT without consent unless it’s an emergency

Question 13

The mental capacity act

Answer 13

The ability of an individual to make their own decisions
Assumes >16 have capacity
All steps must’ve been taken to help first
Best interests
Least restrictive

Question 14

Process of capacity

Answer 14

Understand the information
Retain longer enough to make a decision
Deliberate
Communicate

Question 15

Two step assessment of capacity

Answer 15

1) evidence that the patient has a disturbance of their mind or brain which is affecting the function
2) establish which aspects of their decision making have been affected

Question 16

Use of restraints

Answer 16

Can restrain a painter under MCA if the lack capacity
If the restraints keep them from harm
Are proportionate to the situation

Question 17

Common law

Answer 17

Law based on previous court decisions (not made by parliament)
Providing immediate life saving care is justified under common law on a unconscious patient
Doctrine of necessity:
- best interests
- necessary to sustain life
- or prevent serious deterioration
- or alleviate pain and suffering

Question 18

5 parts of the mental health act

Answer 18

Definitions 
Civil sections 
Forensic sections
Consent to treatment -> clarifies the extent to which treatments can be imposed on patients 
Mental health review tribunal