Legal Aspects of Psychiatry

Question 1

What are the requirements for detaining a patient under the mental health act?

Answer 1

Has the individual got a mental illness? Not including personality disorder or addiction

Is their treatment available?

Are they a risk to themselves or others?

Do they have impaired judgement due to their mental illness?

Must be the most minimally invasive treatment option

Question 2

What is an emergency detention?

Answer 2

Lasts 72 hours

Can be undertaken by FY1 and above

Question 3

What is a short term detention?

Answer 3

Lasts for 28 days

Can only be undertaken by an approved medical practitioner and agreement with mental health officer

Question 4

What is a compulsory treatment order?

Answer 4

Lasts up to 6 months

Can only be undertaken by an approved medical practitioner and agreement with mental health officer

Question 5

What is an assessment order?

Answer 5

Imposed by a criminal court prior to trial and/or after conviction before sentencing, authorising detention for 28 days to assess patient’s mental condition

Question 6

What is a treatmet order?

Answer 6

Imposed by a criminal court which authorises hospital detention for treatment for mental disorder