Flashcards in Introduction to Part 4 Deck (18):
What sphere of law does Part 4 deal with?
It deals with medical treatment of mental disorder for detained patients.
What does Part 4 essentially provide?
It provides treatment safeguards and its own area of Law.
What is the General Rule at Common Law?
If someone is refusing treatment with capacity, it is their decision.
Why can't a person with capacity be compelled?
It would be an assault if they were.
What case ruled 'unless clear statutory to the contrary exists: no one is to be detained in hospital or to undergo medical treatment, or even submit himself to a medical examination without his consent - this as true for a mentally disordered person as of anyone else"?
R v Hallstrom
What was the authority in Re T (Refusal of Medical Treatment)?
The right to refuse exists notwithstanding that the reasons for making the choice are rational, or irrational, unknown or even non-existent.
What case stated: "In the absence of consent, any invasion of the body will be a criminal assault. The fact that the intervention is well-meaning or therapeutic makes no difference".
Heart of England NHA Foundation Trust v JB
What is Part 4 famous for?
Being contrary to the position of Common Law
Why is the case of Kerri Wooltorton important?
Many academics questioned the capacity assessment used on Kerri Wooltorton. Also illuminated confliction between article 2 and article 8.
What happens if persons care and treatment governed by the MHA 1983?
special conditions many apply...
What happens when persons care and treatment is not governed by the MHA 1983?
Decide whether they capacity to make their own decision about whether or not to have care or treatment.
What happens if the person has capacity?
It alludes to the Common Law - the person can refuse and decide for themselves.
If a person does not have capacity?
Look for valid and applicable Advance Decisions, LPA's, CoP Orders - follow them if available.
If person has no AD, LPA, or COP Order and lacking capacity?
Apply section 5 of the MCA 2005, which provides a defence to liability if its conditions are satisfied.
What sections are involved most prevalently in Part 4 MHA?
Sections 57, 58, 58A, 62 and 63.
When does a patient become susceptible to Part 4 of the MHA?
If P has been sectioned for more than 72 hours. Also if the patient is under section 2, 3 and 73.
What patients are not subject to Part 4?
Those under the Common Law or MCA - dependent on capacity.