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:
“Appear to be in immediate need of care/treatment” in order to “Allow assessment & make arrangements for care/treatment”

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)”