Legal Aspects of Psychiatry

Question 1

Who can fill out a certificate of incapacity form?

Answer 1

GP
Consultant psychiatrist 
Registered nurse 
Dental practitioner 
Optician

Question 2

How long does an emergency detention certificate last for?

Answer 2

Detention up to 72hrs.

Question 3

How long does a short term detention certificate last for?

Answer 3

Detention up to 28 days.

Question 4

How long does a compulsory treatment order last for?

Answer 4

Detention up to 6 months

Question 5

How long does a nurses holding power last for?

Answer 5

Detention up to 3 hours

Question 6

Which legal document is used in Scotland when assessing if an individual has capacity?

Answer 6

Adults with Incapacity (Scotland) Act 2000

Question 7

Which powers do the police have?

Answer 7

Removal from public place
Detention up to 24hrs
Transfer patients to places of safety

Question 8

Which act would be used to determine if an individual had diminished responsibility due to their mental health?

Answer 8

Criminal Justice and Licensing (Scotland) Act 2010

Question 9

Which of the following are the 5 necessary factors when assessing if a treatment order is necessary?

Answer 9

Mental disorder is likely
Treatment available
Risk to patient or others
Suitable bed available
Hospitalisation is necessary

Question 10

Where can police not remove a person from?

Answer 10

Their house

Question 11

5 criteria for

Question 12

4 criteria for

Question 13

When can you get a restriction order?

Answer 13

Only in addition to another order (compulsion order).

Question 14

What is considered to be a mental disorder

Answer 14

any mental illness
personality disorder
learning disability

Question 15

what is NOT classed as a mental disorder?

Answer 15

Dependence or use of alcohol and/or drugs.

Harassing, alarming and distressing behaviour

Question 16

What age does someone have to be to be detained?

Answer 16

There is no age limit.

<18yrs needs to be detained by a child and adolescence specialist

Question 17

How long can someone be detained for under the emergency detention certificate?

Answer 17

up to 72hrs
only to be used in emergencies
DOES NOT AUTHORISE TREATMENT

Question 18

How long can someone be detained for under the short term detention certificate?

Answer 18

up to 28 days

allows detention AND treatment

Question 19

How long can someone be detained for under the compulsory treatment order?

Answer 19

up to 6 months
You can receive treatment under this order

It can be extended for another 6 months, then for periods of 12 months

Question 20

How long can you be detained for under nurses holding power?

Answer 20

Up to 3 hours.

Question 21

Who can do an emergency detention certificate?

Answer 21

FY2 and upwards

Not an FY1

Question 22

When is an emergency detention certificate needed?

Answer 22

The risk is significant
its likely that the patient has a mental disorder
their decision making skills regarding medical treatment is impaired
its a matter of urgency to detain the patient to determine what medical treatment they should receive

Question 23

What is SIDMA?

Answer 23

significantly impaired decision making ability

Question 24

When is a short term detention certificate given?

Answer 24

If the patient has. mental disorder
SIDMA
its necessary to determine what medication should be given
if not detained, there would be a risk to health and welfare of patients or other

Question 25

How is a compulsory treatment order granted?

Answer 25

The mental health officer has to apply to the mental health tribunal who considers evidence and makes the decision There must be at least 1 GP and approved medical practitioner OR 2 medical practitioners

Question 26

What is the criteria for ANY sort of detention?

Answer 26

``` Mental disorder likely SIDNA risk to health of patient and others order necessary treatment is available ```

Question 27

Who is a named person?

Answer 27

someone who the patient nominates to be party to proceedings, the patient trusts their opinion

Question 28

What is access to advocacy?

Answer 28

Workers who are available to patients to represent them at tribunals etc. Its the right of every person with a mental disorder.

Question 29

What is the criteria for an adult with incapacity?

Answer 29

>16yrs Incapable of acting, making, communicating or understanding decisions OR retaining the memory of decisions Can be due to a mental or physical problem Does not count if the communication can be fixed using mechanical or human aid

Question 30

Who has capacity?

Answer 30

capacity is deemed to be present until proven otherwise It is decision/situation specific (might have capacity for one thing but not another)

Question 31

What is an intervention order?

Answer 31

For ONE TIME use Must apply to the court allow someone to do a specific one-off thing such as sell an incapable person's house or decide what treatment is best for that person at a particular time.

Question 32

What is a guardianship order?

Answer 32

Done by applying to the court: | when someone is appointed by the court to make decisions on behalf of someone without capacity but on a long term basis

Question 33

What is a power of attorney?

Answer 33

It is decided by the patient when they are well and have capacity. It is appointing someone to make decisions for you if you lose capacity.

Question 34

What should be done if the welfare guardian or power of attorney doesn't agree?

Answer 34

You can apply to the mental welfare committee for a second opinion

Question 35

Which act places someone in hospital for treatment against their Will?

Answer 35

mental health act

Question 36

What orders are part of the mental health act 2003?

Answer 36

Compulsory treatment order short term detention emergency detention

Question 37

Which orders are part of the adults with incapacity act 2000?

Answer 37

``` Intervention order (one off decision) Guardianship order (court appoints someone to make decisions) ```

Question 38

What orders are part of the criminal procedure act 1995?

Answer 38

Police powers

Question 39

What are the police powers?

Answer 39

can remove someone from a public place (but not from their own home) can detain someone for up to 24hrs can take someone to a place of safety

Question 40

what is your right to treatment when going through the criminal justice system?

Answer 40

you have a right to treatment the entire time

Question 41

When is a person not criminally responsible for an offence?

Answer 41

if they have a mental illness or mental disability **A personality disorder alone doesn't count and that person will be responsible**

Question 42

When can a fitness for trial be used?

Answer 42

When someone is going on trial because they were mentally well at the time of the crime but are now mentally unwell.

Question 43

Who can be unfit for trial?

Answer 43

Someone who is incapable because of a mental or physical condition to engage in the trial **Not being able to remember the event doesn't count as unfit for trial

Question 44

What can the court decide to do if the person is unfit for trial?

Answer 44

``` Make no order Guardianship order - Supervision treatment order Compulsion order Hospital treatment ```

Question 45

When can diminished responsibility be used?

Answer 45

when someone is going to be charged with murder but have a mental disorder or something else which has lead to diminished responsibility Instead they are charged with CULPABLE HOMICIDE (manslaughter)

Question 46

What orders can be given to restrict CRIMINAL patients?

Answer 46

``` compulsion order and restriction order assessment order treatment order interim compulsion order transfer for treatment direction hospital direction ```

Question 47

what is a hospital direction?

Answer 47

when you start your sentence in hospital

Question 48

when is an assessment order used?

Answer 48

Can't give treatment | when the person has a mental disorder and detention in hospital is necessary

Question 49

when is a treatment order used?

Answer 49

CAN give treatment | when the person has a mental disorder and it is treatable

Question 50

who is in charge of restriction orders?

Answer 50

Doctor - in a civil matter | Minister - in criminal cases

Question 51

How long does a compulsion order last?

Answer 51

6 months, the equivalent of a compulsion treatment order

Question 52

when is a restriction order used?

Answer 52

for the most serious offences, the restriction order can last for as long as needed