Psychiatry and the Law

Question 1

Why do we have a mental health law?

Answer 1

Power to provide compulsory care and treatment for people with a mental disorder

Question 2

The mental health act 2003 defines a mental disorder as….

Answer 2

Any mental illness
Personality disorder
Learning disability
However caused or manifested

Question 3

Who can be detained?

Answer 3

Both > and < 18 y/o

Question 4

Key civil compulsory powers of the mental health act

Answer 4

Emergency detention certificate (EDC)
Short term detention certificate (STDC)
Compulsory treatment order (CTO)
Nurses holding power

Question 5

Features of an emergency detention certificate

Answer 5

Authorises detention up to 72 hours
Has to be a registered medical practitioner (not FY1)
Has to be an emergency
Patient decision making significantly impaired
To find them appropriate treatment
They would be a risk to themselves or others if not detained
STDC would just cause an undesirable delay

Question 6

Features of a short term detention certificate

Answer 6

authorises detention up to 28 days
significant impaired decision making
treatment they need
risk 
necessary

Question 7

Features of a compulsory treatment order

Answer 7

authorises detention up to 6 months

tribunal makes the decision

Question 8

features of nurses holding power

Answer 8

authorises detention up to 3 hours

Question 9

Criteria for detention under the Mental Health Act

Answer 9

1. mental disorder
2. SIDM (Significantly impaired decision making) due to mental disorder
3. Treatment
4. Significant risk to the patient’s health, safety and welfare or to the safety of another person if not detained in hospital
5. order is necessary

Question 10

What age are you considered an adult in Scotland?

Answer 10

16 y/o

Question 11

The Adults of Incapacity Act 2000 defines capable as….

Answer 11

Incapable of….

• acting or
• making decisions or
• communicating decisions or
• understanding decisions or
• retaining memory of the decisions

Question 12

What does not fall under the category of the Adults of incapacity Act?

Answer 12

In physical disability e.g. deaf or faulty communication

Question 13

Principles/features of the adults of incapacity act

Answer 13

interventions must benefit the adult
Any intervention should be at least restrictive in relation to freedom of the adult, consistent with the purpose of the intervention
account must be taken of the past and present wishes of the adult and where appropriate, relatives, carers and relevant others e.g. autorneys, guardians etc

Question 14

Features of the Adult of Incapacity Act

Answer 14

Capacity is presumed unless proven otherwise
Depends on the situation
- may have capacity for some decisions but not others
- said to be decision specific

Question 15

What areas does the adult of incapacity act look at?

Answer 15

property
welfare
financial

Question 16

Powers of the Incapacity Act

Answer 16

1. Intervention order
   - one off power required
   - application to the court
2. Guardianship order
   - someone else appointed to make the decisions on behalf of the adult (financial or welfare or both)

Question 17

The powers of the adults of incapacity act is not authorised if…..

Answer 17

the use of force or detention, unless it is immediately necessary and only for so long as necessary in the circumstances

Action which would be inconsistent with any decision by a competent court

Placing an adult for the treatment of a mental disorder against his will

Question 18

Police powers of the criminal procedure act 1995

Answer 18

removal from a public place
appears to be in an immediate need of care or treatment to a place of safety
detain for up to 24 hours
to allow for assessment and make arrangements for their care and treatment

Question 19

Features of the criminal justice and licencing act 2010

Answer 19

Criminal responsibility of a person with a mental disorder

• not responsible if at the time of conduct unable to appreciate the nature of wrongness of the conduct by reason of the mental disorder
• may be unfit for trial if incapable by physical or mental means to participate effectively in the trial
• disposal in case of insanity

Diminished responsibility
- can change murder to culpable homicide if had diminished responsibility if the persons ability to determine or control conduct was substantially impaired by reason of abnormality of the mind

Restricted patients
- decisions for you are made by the Scottish ministers or the tribunal