Psychiatry and the Law Flashcards
Section 2
o Admission for assessment (and treatment if assessment finds this appropriate)
o Usually used for first admission
o 28 days
o Cannot be renewed
o Made by an AMHP or nearest relative (NR) on behalf of TWO doctors, one of whom should be section 12 approved (usually SpR or consultant) and one of whom should know the patient in professional capacity (e.g. GP)
o There must be no more than 5 days between the two medical examinations
o The patient must have been seen within 14 days of the date of the application
o The AMHP should interview the patient to confirm that detention is necessary
o Discharge Routes
o One application (by the nearest relative) can be made to the Mental Health Review Tribunal within the first 14 days of detention
o Responsible clinician can discharge at any time
Section 3
o Admission for treatment with diagnosis stated
o 6 months
o Can be renewed:
o 1st renewal: 6 months
o 2nd renewal onwards: 12 months
o Made by an AMHP or nearest relative (NR) on behalf of two doctors, one of whom should be section 12 approved (usually SpR or consultant) and one of whom should know the patient in professional capacity (e.g. GP)
o Nearest relative should be consulted by AMHP before submitting section (unless in urgent circumstances)
o Patient can be forcibly medicated
o Consent to Treatment provisions apply after 3 months of detention (If not consenting, will need a Second Opinion Appointed Doctor (SOAD) Assessment)
o Discharge Routes
o Patient can apply to the Mental Health Review Tribunal at anytime (MHRT aims to hold a hearing within 5 weeks)
o Leave can be granted under Section 17
o Nearest relative can apply for discharge to the hospital (i.e.not the MHRT) but it can be barred by the responsible clinician
Section 4
o Admission for emergency treatment
o 72 hours
o Preferred oversection 2 if the admission is more immediate
o Only need one doctor
o Can be converted into a section 2
o Usually done by an AMHP (rarely by a nearest relative) on behalf of one doctor (doesn’t need to be section 12 approved)
Section 5(2)
o Detention of an inpatient
o 72 hours
o Can be done by one doctor in charge of the case (or a nominee)
Section 5(4)
o Detention of an inpatient that is enforced by a nurse
o 6 hours (until a doctor or clinician with authority arrives)
o Can be done by a registered mental health nurse
Section 17
o Allows leave for a specified period of time from a current section
o Certain conditions will have to be met (e.g. returning at a certain time, staying with a particular person)
Section 35
o Applies if the patient Is accused of committing a crime
o Magistrates Court can remand you in hospital if one doctor has evidence that you may have a mental health disorder
o 28 days
o Can be extended for further periods of 28 days up to a maximum of 12 weeks
Section 37
o Admission for medical treatment in a patient who has committed a crime
o 6 months
o Can be extended for another 6 months, and then 1 year at a time thereafter
Section 41
o Restriction order
o Made by the Crown Court
o Restrictions affect leave of absence, discharge and transfer between hospitals
o No appeal within the first 6 months
Section 47
o Used to transfer a serving prisoner to hospital
o Can add a Section 49 which adds the restrictions of section 41
Section 48
o Used for the transfer of an unsentenced prisoner to hospital for 1detention
Section 135
o The magistrate issues a warrant for a police officer (with a doctor and AMHP) to enter any premises to take the patient to a place of safety o 24 hours (can b eextended to 36)
Section 136
o Police can take the patient from a public place to a place of safety to be examined by a doctor and interviewed by an AMHP
o 24 hours (can be extended to 36)
Section 26 and 29
o 26–who the patient’s nearest relative is
o 29–the patient’s rights to change the nearest relative
Community Treatment Order (CTO)
o Allows being discharged from a previous section but on the agreement that certain conditions are met such as:
o Living in a certain place
o Going somewhere for medical treatment
