Psychiatry and the Law Flashcards
(11 cards)
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 nearest relative (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
Discharge Routes
- One application (by the nearest relative) can be made to the Mental Health Review Tribunal within the first 14 days of detention
- Responsible clinician can discharge at any time
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 nearest relative (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)
- Nearest relative 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)
Discharge Routes
- 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
- 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
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 nearest relative) on behalf of one doctor (doesn’t need to be section 12 approved)
Section 5(2)
Detention of an inpatient
72 hours
Can be done by one doctor in charge of the case (or a nominee)
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
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)
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
28 days
Can be extended for further periods of 28 days up to a maximum of 12 weeks
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)
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)
Independent mental health advocate
Advocate trained to help the patient find out their rights under the MHA and provide support whilst detained
Patients have a right to an IMHA if:
- Under a section except 4, 5, 135 and 136
- Under MHA guardianship, conditional discharge and CTO
- Discussing treatments such as ECT
Deprivation of liberty safeguards
Used if a person is deprived of their liberty within a care home or hospital
This is needed if restraint and restrictions used to safeguard a person under the MCA will deprive a person of their liberty
