Psych & the law

Question 1

What piece of legislation legally defines a “mental Disorder”?

Answer 1

Mental Health Act 2003 - Specifically Section 328

Question 2

Define a mental disorder as under section 328

Answer 2

Any mental illness, PD or learning disability. however caused or manifested

Question 3

Under the Mental Health Act 2003 we have various ways of detaining a patient. What are they?

Answer 3

Emergency Detention Certificate - up to 72hrs
Short Term Detention Certificate- up to 28days
Compulsory Treatment Order - Up to 6 months
Nursing Holding Power - Up to 3 hours

Question 4

What criteria do we need to detain a patient?

Answer 4

1) Must have a mental Disorder
2) Must cause Significant impairment of Decision Making Ability (SIDMA) regarding medical treatment for that disorder
3) Must be urgent to detain them for treatment/investigation
4) Must be significant risk to health, safety or wellbeing if they’re not detained (theirs or others)
5) This specific order must be necessary

So disorder, impaired decision making, urgency, risk & necessity

Question 5

What are the powers of the police>

Answer 5

They can remove you from a public place to a place of safety (normaly a hospital) for up to 24 hours if in need of immediate care for assessment/ arrangements of care

Question 6

What legislation covers police powers?

Answer 6

Criminal Procedure Act 1995

Question 7

What legislation affects psych patients culpability for crimes?

Answer 7

Criminal Justice & Licensing Act 2010

Question 8

What are the rules laid out by the Criminal Justice & Licensing Act 2010?

Answer 8

1) Patient isn’t responsible for a crime if at the time they weren’t able to appreciate the nature & wrongfulness of their actions due to a mental disorder
2) Patient can’t be tried for a crime if they’re are unfit to participate in a trial due to a mental disorder e.g. cant understand the charge, plea or trial

Question 9

What is Diminished Responsibility?

Answer 9

It means someone convicted of murder can be downgraded to Culpable homicide (similar to manslaughter) if:

“They’re ability to determine or control conduct was substantially impaired by abnormality of mind (including mental disorders)”

Question 10

Adults with incapacity (Scotland) Act 2000 core pricinples

Answer 10

• intervention must benefit the adult
• Any intervention shall be the least restrictive in relation to the freedom of the adult and consistent with the purpose of the intervention
• Account must be taken of the past and present wishes of the adult
• Account should be taken of views of relatives and carers, other relevant others

Question 11

How is Incapable defined in the Adults with Incapacity act?

Answer 11

SACRUM

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

Question 12

What types of decisions define capacity?

Answer 12

• Property
• Welfare
• Financial

Question 13

Intervention order

Answer 13

One off power

Application to court

Question 14

Guardianship order?

Answer 14

Ongoing decision making

• financial
• welfare
• both

Question 15

What is not authorised under the adults with incapacity act?

Answer 15

• Use of force/ detention- unless it is immediately necessary
• Action which would be inconsistent with any decision by a competent court
• Placing an adult in hospital for the treatment of a mental disorder against his will

Question 16

What are restricted patients?

Answer 16

Overseen by Scottish ministers.

Duties on ministers and registered medical officers to review

Question 17

What does a court have to be satisfied with in an assessment order?

Answer 17

• Mental disorder
• Detention in hospital is necessary
• Civil risk criterion met
• Treatment
• Suitable bed available within 7 days
• Assessment could not be undertaken if not in hospital

Question 18

What does a court have to be satisfied on in a treatment order?

Answer 18

On the evidence of two medical practitioners (one of whom is approved):
• Mental disorder
• Treatable
• Civil Risk
• Suitable bed available within seven days - Reasonable alternative? Necessity

Question 19

What does a court have to be satisfied on in a compulsion order?

Answer 19

On the evidence of two medical practitioners (one of whom is approved)
• Mental disorder
• Availability of medical treatment
• Significant risk
• Necessary to be in hospital
→ consider the level of security & consider if a restriction order is necessary

Question 20

What does the court have to be satisfied on in a restriction order

Answer 20

ORAL evidence from at least one medical practitioner. Court must be satisfied that the criteria are met:
• Having regard to the nature of the offence with which he is charged;
• The antecedents of the person; and
• The risk that as a result of his mental disorder he would commit offences if set at large

Question 21

what forensic care services are available in Scotland?

Answer 21

High secure services
Medium secure services
Low secure service and community