Psychiatry and the Law Flashcards
Why do we have a mental health law?
Power to provide compulsory care and treatment for people with a mental disorder
The mental health act 2003 defines a mental disorder as….
Any mental illness
Personality disorder
Learning disability
However caused or manifested
Who can be detained?
Both > and < 18 y/o
Key civil compulsory powers of the mental health act
Emergency detention certificate (EDC)
Short term detention certificate (STDC)
Compulsory treatment order (CTO)
Nurses holding power
Features of an emergency detention certificate
Authorises detention up to 72 hours
Has to be a registered medical practitioner (not FY1)
Has to be an emergency
Patient decision making significantly impaired
To find them appropriate treatment
They would be a risk to themselves or others if not detained
STDC would just cause an undesirable delay
Features of a short term detention certificate
authorises detention up to 28 days significant impaired decision making treatment they need risk necessary
Features of a compulsory treatment order
authorises detention up to 6 months
tribunal makes the decision
features of nurses holding power
authorises detention up to 3 hours
Criteria for detention under the Mental Health Act
- mental disorder
- SIDM (Significantly impaired decision making) due to mental disorder
- Treatment
- Significant risk to the patient’s health, safety and welfare or to the safety of another person if not detained in hospital
- order is necessary
What age are you considered an adult in Scotland?
16 y/o
The Adults of Incapacity Act 2000 defines capable as….
Incapable of….
- acting or
- making decisions or
- communicating decisions or
- understanding decisions or
- retaining memory of the decisions
What does not fall under the category of the Adults of incapacity Act?
In physical disability e.g. deaf or faulty communication
Principles/features of the adults of incapacity act
interventions must benefit the adult
Any intervention should be at least restrictive in relation to freedom of the adult, consistent with the purpose of the intervention
account must be taken of the past and present wishes of the adult and where appropriate, relatives, carers and relevant others e.g. autorneys, guardians etc
Features of the Adult of Incapacity Act
Capacity is presumed unless proven otherwise
Depends on the situation
- may have capacity for some decisions but not others
- said to be decision specific
What areas does the adult of incapacity act look at?
property
welfare
financial
Powers of the Incapacity Act
- Intervention order
- one off power required
- application to the court - Guardianship order
- someone else appointed to make the decisions on behalf of the adult (financial or welfare or both)
The powers of the adults of incapacity act is not authorised if…..
the use of force or detention, unless it is immediately necessary and only for so long as necessary in the circumstances
Action which would be inconsistent with any decision by a competent court
Placing an adult for the treatment of a mental disorder against his will
Police powers of the criminal procedure act 1995
removal from a public place
appears to be in an immediate need of care or treatment to a place of safety
detain for up to 24 hours
to allow for assessment and make arrangements for their care and treatment
Features of the criminal justice and licencing act 2010
Criminal responsibility of a person with a mental disorder
- not responsible if at the time of conduct unable to appreciate the nature of wrongness of the conduct by reason of the mental disorder
- may be unfit for trial if incapable by physical or mental means to participate effectively in the trial
- disposal in case of insanity
Diminished responsibility
- can change murder to culpable homicide if had diminished responsibility if the persons ability to determine or control conduct was substantially impaired by reason of abnormality of the mind
Restricted patients
- decisions for you are made by the Scottish ministers or the tribunal
