Psychiatry and the law Flashcards
Describe Section 2
Admission for assessment (and treatment if assessment finds this appropriate)
- Usually used for first admission
- 28 days
- Cannot be renewed
- Made by an AMHP or NR on behalf of TWO doctors, one or whom should be section 12 approved (usually SpR or consultant) and one of whom should know the patient in professional capacity (e.g. GP)
- There must be no more than 5 days between the two medical examinations
- The patient must have been seen within 14 days of the date of the application
- The AMHP should interview the patient to confirm that detention is necessary
Describe the discharge routes for Section 2
- One application (by the NR) can be made to the Mental Health Review Tribunal within the first 14 days of detention
- Responsible clinician can discharge at any time
Describe Section 3
Admission for treatment with diagnosis stated
- 6 months
- Can be renewed - 1st renewal: 6 months, 2nd renewal onwards: 12 months
- Made by an AMHP or NR on behalf of two doctors, one or whom should be section 12 approved (usually SpR or consultant) and one of whom should know the patient in professional capacity (e.g. GP)
- NR should be consulted by AMHP before submitting section (unless in urgent circumstances)
- Patient can be forcibly medicated
- Consent to Treatment provisions apply after 3 months of detention (if not consenting, will need a Second Opinion Appointed Doctor (SOAD) Assessment)
Describe the discharge routes for Section 3
- Patient can apply to the Mental Health Review Tribunal at any time (MHRT aims to hold a hearing within 5 weeks)
- Leave can be granted under Section 17
- NR can apply for discharge to the hospital (i.e. not the MHRT) but it can be barred by the responsible clinician
Describe Section 4
Admission for emergency treatment
- 72 hours
- Preferred over section 2 if the admission is more immediate
- Only need one doctor
- Can be converted into a section 2
- Usually done by an AMHP (rarely by a NR) on behalf of one doctor (doesn’t need to be section 12 approved)
Describe Section 5(2)
Gives doctors the ability to detain someone in hospital for up to 72 hours, during which time you should receive an assessment that decides if further detention under the Mental Health Act is necessary
- Can be done by one doctor in charge of the case (or a nominee)
Describe Section 5(4)
Detention of an inpatient that is enforced by a nurse
- 6 hours (until a doctor or clinician with authority arrives)
- Can be done by a registered mental health nurse
Describe Section 17
Allows leave for a specified period of time from a current section
- Certain conditions will have to be met (e.g. returning at a certain time, staying with a particular person)
Describe Section 35
Applies if the patient is accused of committing a crime
- Magistrates Court can remand you in hospital if one doctor has evidence that you may have a mental health disorder
- They can do this if they want more information about your mental health
- The courts use section 35 when they decide you need an assessment in hospital.
- 28 days
- Can be extended for further periods of 28 days up to a maximum of 12 weeks
Describe Section 37
Admission for medical treatment in a patient who has committed a crime
- 6 months
- Can be extended for another 6 months, and then 1 year at a time thereafter
Describe Section 41
Restriction order
- Made by the Crown Court
- If a Crown Court think you’re a risk to the public, they can add a restriction to the hospital order.
- The restriction means that you can only be discharged from hospital if the Secretary of State for Justice agrees.
- Restrictions affect leave of absence, discharge and transfer between hospitals
- No appeal within the first 6 months
Describe Section 47
Used to transfer a serving prisoner to hospital
- Can add a Section 49 which adds the restrictions of section 41
Describe Section 48
Used for the transfer of an unsentenced prisoner to hospital for detention
Describe Section 135
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
- 24 hours (can be extended to 36)
Describe Section 136
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
- 24 hours (can be extended to 36)
