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98 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Section 5(2) Can a section 5(2) be renewed? |
No |
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Tribunals If any individual has to wait longer then what are they entitled to? |
They can claim for compensation under breach of the Human Rights Act (Article 5 (4)) |
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Section 136 What is a section 136? |
Police holding powers |
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Section 4 How long does a section 4 last for? |
72 hours |
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Section 135 Can someone detained under section 135 make an appeal? |
No |
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Section 136 How long does a section 136 last for? |
24 hours but can be extended for a further 12 hours |
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Section 5(4) When is a section 5(4) used? |
Only for receiving in-patient psychiatric treatment |
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Section 4 Can a section 4 be renewed? |
No |
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Tribunals How are members of a tribunal appointed? |
They are appointed by the Lord Chancellor They are independent from the hospital |
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Section 4 Can someone detained under section 4 make an appeal? |
No |
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Section 136 Can someone detained under section 136 make an appeal? |
No |
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Section 4 Who makes the decision to detain someone under section 4? |
One medical recommendation |
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Section 4 What is the criteria to be detained under section 4? |
Mental disorder and urgent necessity |
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Section 135 Can a section 135 be renewed? |
No |
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Section 5(2) What is an individual entitled to? |
Independent mental health advocate |
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Section 5(2) What is a section 5(2)? |
Doctors holding powers |
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Consent to treatment Under what sections can individuals not refuse treatment? |
Section 2 and section 3 |
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Section 5(4) How long does a section 5(4) last for? |
6 hours |
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Section 4 Can section 4 be converted into another section? |
Yes, it can be converted into a section 2 with additional recommendations |
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Section 135 What is a section 135? |
Warrant to search for and remove a patient |
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Section 3 What is an individual entitled to under section 3? |
Hospital managers review Independent mental health advocate |
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Section 136 What is a section 136? |
Police holding powers |
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Section 4 Who can discharge someone detained under section 4? |
Responsible clinician Hospital managers review |
Thereās two |
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Section 4 What is someone detained under section 4 for? |
Emergency admission |
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Section 5(4) What is a section 5(4)? |
Nurses holding powers |
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Section 4 What is an individual entitled to under section 4? |
Hospital managers review Independent mental health advocate |
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Section 135 Can a section 135 be renewed? |
No |
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Section 5(2) Can someone make an appeal when detained under section 5(2)? |
No |
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Section 5(2) How long does a section 5(2) last for? |
72 hours |
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What year was the act introduced? |
Introduced in 1983 Amended in 2007 |
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Definition of mental disorder (1983) |
Includes mental illness, mental impairment, severe mental impairment and psychopathic disorder |
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Definition of mental disorder (2007) |
Any disorder or disability of the mind |
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What are the code of practices guiding principles? |
1- least restrictive option and maximising independence 2- empowerment and involvement 3- respect and dignity 4- purpose and effectiveness 5- efficiency and equity |
Thereās five |
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What section is informal treatment regulated by? |
Section 131 |
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Community Treatment Orders (CTO) What is a CTO? |
A person is placed on a CTO if they meet certain conditions to stay in the community. They can be taken back to hospital if at any point they no longer meet the conditions of the CTO. |
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Community Treatment Orders (CTO) A person can be discharged under a CTO if... |
1- they have been detained under section 3 Or 2- they have been diverted to hospital from the criminal justice system |
Thereās two reasons |
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Community Treatment Orders (CTO) When can an individual not be placed under a CTO? |
If they are detained under section 2 Or They are a voluntary patient |
Thereās two reasons |
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Nearest Relative What section does the nearest relative sit under? And who can this be? |
Section 26 Any individual who the the person concerned normally resides with and has done for the last 5 years (must be over he age of 18) |
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Approved Mental Health Professional (AMHP) Under what section is an AMHP appointed? |
Section 114 |
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Section 2 What is someone detained under section 2 for? |
Admission for assessment and treatment |
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Section 2 How long does a section 2 last for? |
28 days |
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Section 2 Can a section 2 be renewed? |
No |
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Section 2 What is the criteria to be detained under section 2? |
Mental disorder |
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Section 2 Who makes the decision to detain someone under section 2? And how many days do they have to do this? |
Two medical recommendations - psychiatric + āotherā Within 5 days of each other or together |
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Section 2 Can someone make an appeal when detained under section 2? |
Yes |
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Section 2 How long does an individual have to make an appeal? And in how many days must the tribunal take place after the appeal? |
Within 14 days of the start of their section Within 7 days of the application |
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Section 2 Who can discharge someone detained under a section 2? |
Responsible clinician Nearest relative Mental health review tribunal Hospital managers review |
Thereās four |
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Section 2 What is an individual entitled to under section 2? |
Managers review Independent mental health advocate |
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Section 3 What is someone detained under section 3 for? |
Admission for treatment |
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Section 3 How long does a section 3 last for? |
6 months |
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Section 3 Can a section 3 be renewed? If so how long for? |
Yes For 6 months then in periods of 1 year |
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Section 3 Who makes the decision to detain someone under section 3? And how many days do they have to do this? |
Two medical recommendations - Psychiatrist and āotherā Within 5 days of each other or together |
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Section 3 Can someone make an appeal when detained under section 3? |
Yes |
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Section 3 How long does someone have to make an appeal? And how long after the applications made should the tribunal take place? |
An individual can appeal once in the first 6 months and once in each subsequent period of detention The hearing takes place within 6-8 weeks of the application |
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Section 3 Who can discharge someone detained under a section 3? |
Responsible clinician Nearest relative Mental health review tribunal Hospital managers |
Thereās four |
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Section 3 What is an individual entitled to under section 3? |
Hospital managers review Independent mental health advocate |
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Section 4 Who can discharge someone detained under section 4? |
Responsible clinician Hospital managers review |
Thereās two |
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Section 4 What is an individual entitled to under section 4? |
Hospital managers review Independent mental health advocate |
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Section 5(2) What is a section 5(2)? |
Doctors holding powers |
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Section 5(2) How long does a section 5(2) last for? |
72 hours |
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Section 5(2) Can a section 5(2) be renewed? |
No |
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Section 5(2) Can someone make an appeal when detained under section 5(2)? |
No |
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Section 5(2) What is an individual entitled to? |
Independent mental health advocate |
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Section 5(4) What is a section 5(4)? |
Nurses holding powers |
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Section 5(4) How long does a section 5(4) last for? |
6 hours |
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Section 5(4) When is a section 5(4) used? |
Only for receiving in-patient psychiatric treatment |
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Tribunals If any individual has to wait longer then what are they entitled to? |
They can claim for compensation under breach of the Human Rights Act (Article 5 (4)) |
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Section 5(4) Can a section 5(4) be renewed? |
No |
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Tribunals How are members of a tribunal appointed? |
They are appointed by the Lord Chancellor They are independent from the hospital |
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Section 4 What is someone detained under section 4 for? |
Emergency admission |
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Section 4 How long does a section 4 last for? |
72 hours |
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Section 4 Can a section 4 be renewed? |
No |
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Section 4 Can section 4 be converted into another section? |
Yes, it can be converted into a section 2 with additional recommendations |
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Section 4 What is the criteria to be detained under section 4? |
Mental disorder and urgent necessity |
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Section 4 Who makes the decision to detain someone under section 4? |
One medical recommendation |
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Section 4 Can someone detained under section 4 make an appeal? |
No |
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Section 5(4) Can a section 5(4) be changes? If so by who and what to? |
Can be changed to a section 5(2) by a doctor |
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Section 5(4) Can someone make an appeal when detained under section 5(4)? |
No |
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Section 5(4) What is someone detained under section 5(4) entitled to? |
Independent mental health advocate The right to refuse treatment |
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Section 135 What is a section 135? |
Warrant to search for and remove a patient |
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Section 135 How long does a section 135 last for? |
Up to 36 hours |
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Section 135 Can a section 135 be renewed? |
No |
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Section 135 Can someone detained under section 135 make an appeal? |
No |
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Section 135 What is someone detained under section 135 entitled to? |
Independent mental health advocate |
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Section 136 What is a section 136? |
Police holding powers |
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Section 136 How long does a section 136 last for? |
24 hours but can be extended for a further 12 hours |
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Section 136 Can a section 136 be renewed? |
No |
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Section 136 Can someone detained under section 136 make an appeal? |
No |
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Section 136 What is someone detained under section 136 entitled to? |
Independent mental health advocate |
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Section 117 What is a section 117? |
Placed a duty on health and social service authorities to provide after-care to a person detained under sections 3, 37,45A, 47 or 48 |
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Section 117 How long does a section 117 last for? |
Service provided until no longer required |
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Section 117 What is a section 117 there for? |
Provided for the purpose of the Care Act 2014 |
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Consent to treatment What part of the act covers patients who are detained for more than 72 hours (except those who are remanded by the courts underway section 35)? |
Part IV |
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Consent to treatment What are the two reasons why treatment could be given if consent is not given? |
1- inability to give consent (not having capacity) 2- objecting to the treatment |
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Consent to treatment Under what sections can individuals not refuse treatment? |
Section 2 and section 3 |
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Consent to treatment Psychosurgery (including ECT) needs consent from.... |
The individual receiving the treatment and a second opinion from a professional |
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Consent to treatment Who oversees this part of the act? |
Independent mental health advocate commission |
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Consent to treatment Patients not covered by ........ of the Act have the same legal position as any other patient in a general hospital e.g. they cannot be treated against their consent except where it would be allowed in common law (in an emergency to save the individuals life) |
Part IV |
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