Mental Health Law

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What are the 4 criteria for maintaining section?
Nature, Degree, Risk, Treatment
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What case relates to Nature and Degree
Ex parte Smith
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Where must treatment be available to remain on section?
In detaining hospital
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What can you do if concerned by treatment plan?
Get independent expert
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Which criteria must be linked to the disorder
Risk
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Is degree time specific?
Yes - today
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What is the definition of Section 2?
Disorder, nature, degree, warrants detention, assessment/then treatment, risk
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Who can discharge section 2?
RC, MHT, HMH, NR or transfer to Section 3
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What section gives RC power to discharge
Section 23
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What section gives the MHT power to discharge?
Section 72
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What section gives NR power to discharge?
Sub-section 23 or Section 25
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What are the discharge options for Section 2?
Immediate, deferred, informal, CTO
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What case advises how long for a Section 2 MHT application?
R v. Modaresi
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What rule stipulates the timescale for convening a MHT?
Rule 37(1)
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What is the MHT criteria and section?
S.72(1)(a) disorder, nature, degree, warrants detention, assessment/assessment then treatment, risk
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Should you advise a NR to apply to MHT on Section 2?
No wait for Section 3
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What does COP 32.18 require of RC?
To continuously consider criteria and discharge
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What is the definition of Section 3?
Disorder, nature, degree, detention, treatment, risk,
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What are the lengths of Section?
6,6,12
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What does Section 20 require?
RC must examine P before renewal of section, within 2 months of ending and consult another professional
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What does warranted mean?
Has to be necessary and cant be achieved by less restrictive means AM v. SLAM NHST
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What is the criteria for MHT?
Section 72 (1)(b) disorder, nature, degree, assessment/assessment followed by treatment, risk, treatment available
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What is the learning disability exception?
not abnormally aggressive /irresponsible conduct
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Would you advise client to apply at start of 12 months?
No wait
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When do references happen?
Discretionary by SOS, 6 month HM, 3 year HM
25 of 791
Is there a NR for Section 4
No
26 of 791
When is Section 4 used?
When urgent necessity for P to be admitted and detained under Section 2
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How many medical experts required for Section 4?
1 - Section 4(3)
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How long does Section 4 last?
72 hours
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Does Section 4 get included in availability?
Yes
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When must Dr have last seen P?
24 hours - Section 4(5)
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What must they certify under Section 4(2)?
A second Dr would cause unreasonable delay
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What does COP 15.6 and 15.8 say about Section 4?
only in genuine emergency with evidence of immediate and signficnat risk of harm/damage to property and need for restrictive interventions
33 of 791
Should they seek SOAD?
Yes
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What happens when see SOAD?
Converts to Section 2
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Is Section 4 subject to Part 4
No
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Who can use Section 5(2)?
Dr
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Who does Dr send report to?
HM
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How long does Section 5(4) last?
max 6 hours
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How long does Section 5(2) last?
72 hours from report
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Can MHT/NR be involved in Section 5?
No
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Are Section 5 P's subject to Part 4?
No
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When can Section 5(4) be used?
disorder, degree, health and safety/protection of others, immediate restraint, no immediate Dr attendance
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What must nurse do?
Record fact of criteria in writing
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What happens if Section 5(4) followed by Section 5(2)?
72 hours starts at start of Section 5(4)
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What is the definition of Guardianship?
Section 7(2) disorder, nature degree, warrants guardianship, necessary to protect P/others
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Who can discharge Guardianship?
RC, LSSA, NR, MHT
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What are the eligibility periods for Guardianship?
6,6,12
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What Section can P apply in first 6 under?
Section 66(1)(c)
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What Section can P apply under after first 6?
Secction 66(1)(f)
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What does Section 10(1) allow?
Private guardian to relinquish to LSSA
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Under what Section can Court order Guardianship?
Section 37
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Can NR be barred in Guardianship?
No but no applications can be made
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What are the Guardians powers?
residence, attendance for treatment/occupation/education, access to be given to be by specified medical practitioners
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What power is granted by Section 18(7)?
Take and convey
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Can references be made for Guardianship?
Yes SOS discretionary only
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What is the discharge criteria for Guardianship?
Section 72(4) no disorder or not necessary for P's welfare/protection of others
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How long is Section 17 leave?
Usually specified period but can be indefinite/extended whilst on leave Section 17(2)
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What case applied to long leash leave?
R (Dr) v. Merseyside NHST
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What must long leash leave include?
Element of hospital treatment
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What did KL v. Somerset NHST decide?
Hospital definition wide, can be community centre
61 of 791
What did SL v. Ludlow Street Healthcare decide?
Treatment can include leave
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What does Section 17(3) say?
Patient may be required to remain in custody during leave
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What power does Section 17(7) give?
Power of conveyance
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Can the RC attach conditions to leave? [PART 2]
Yes - Section 17(1) if necessary for protection of others or in P's interests
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Can RC attach conditions to leave in Part 3?
Yes with MOJ approval
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How can RC recall P?
With notice in writing to P/ person in charge of P - Section 17(4)
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What Section governs CTO's?
Section 17a
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Who can discharge from a CTO?
MHT, HMH, RC and NR (ex part 2)
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Under what Section do HM have the power to discharge from CTO?
Section 23(2)
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When are references made on a CTO?
discretionary SOS, 6 month HM and 3 year HM, revocation
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What options does Dr have on recall?
re-medicate, stay voluntary, CTO, revoke and put on Section 3
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How long does Dr have to act from recall?
72 hours
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What conditions must be satisfied to put back on Section 3 after recall?
Criteria met and AMHP agrees - Section 17F(4)
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Under what section does authority to detain resurrect after recall?
Section 17G
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When does eligibility for renewal start under Section 17G(5)?
on revocation
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Is CTO available to Section 37/notional 37?
Yes
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Under what section can RC revoke for breach of mandatory condition?
Section 17E(2)
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What reasons are there for recall under Section 17E(1)?
treatment for disorder and risk to health/safety or protection of others if not recalled
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Who can add/vary/remove conditions?
RC
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What are the two mandatory conditions under Section 17B(3)?
See SOAD (Section 64C(4)) and make self available for renewal (Section 20A)
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What must be the purpose of adding conditions?
Treatment/reduction of risk
82 of 791
Who must agree to add a condition under Section 17B(2)?
RC and AMHP
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What effect does Section 17D on CTO?
It becomes dormant
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What does Welsh Ministers v. PJ say?
No power to impose condition that deprives of liberty
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When making a CTO what must AMHP do?
Certify in writing criteria met and CTO appropriate - Section 17A(4)
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What form must AMHP use when certifying CTO?
CTO1
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What is the discharge criteria for CTO?
disorder, nature/degree, appropriate to receive treatment/necessary for health/safety/protection of others, necessary for RC to have recall, treatment available.
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What section governs necessity for recall?
Section 17E
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What additional criteria is added if application under Section 66(1)(g)?
Dangerousness
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Can discharge be deferred?
Yes
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What does CNWL NHST v. HJ-H say?
can keep on CTO if new information/deterioration between MHT and deferred discharge date
92 of 791
What are the MHT eligibility periods if on CTO from Section 3?
6,6,12 from CTO
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What are the MHT eligibility periods if on CTO from unrestricted Part 3?
second 6, 12 from CTO
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What are the MHT eligibility periods if CTO revoked?
during first six (Section 66(1)(b)) and each renewal thereafter (Section 66(1)(f))
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Which eligibility period for MHT applies to NR where CTO?
Same as ex Part 3
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When must RC consider a CTO under Section 17(2A)?
When going to give longer leave
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How long is considered longer leave?
7+ consecutive days - Section 17(2B)
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What happens if MHT application withdrawn?
Treated as never made - Section 77(2)
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What does Section 72 cover?
Part 2 discharge criteria
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What does Section 73 say?
Patient can't be forced to take medication
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What does Section 74 govern?
Part 3 discharge criteria
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What does Section 75 govern?
Absolute discharge
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What does Section 131 govern?
Informal Patients
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What happens if P changes from Section 2/3/CTO with application in?
Nothing
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What happens if P changes from Section 3 to Section 7 with application in?
Nothing - AD'A v. Cornwall Partnership FT
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What happens if change from Section 47/49 to Section 47 with application in?
Application lapses - R(MN) v. MHRT
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Does change of Section type constitute new matter for LAA?
No
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What does Section 19 allow?
transfer of patients between hospitals/guardianships or those under guardianship to new guardian/hospital - Section 19(1)
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What effect does transfer between hospital on Section 2/3/etc?
No change to start date (Section 19(2(a)) or eligibility
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What effect does transfer between guardians have?
No change to start date (Section 19(2)(c)) or eligibility
111 of 791
What effect does transfer from guardianship to hospital have?
As if detention started when guardianship did (Section 19(2)(a)), application within 6 month of transfer then usual applications (Section 66(1)(e))
112 of 791
What effect does transfer from hospital to guardianship have?
As if guardianship started when detention did (Section 19(2)(b)), application within 6 months of transfer then usual apps (Section 66(1)(c))
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What does R(L) v. West London MH NHST say?
engage common law duty of fairness when considering move from medium to high security
114 of 791
Which Code Practice chapter governs move to high security without urgent clinical risk to P/others?
COP 37.22
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What does COP 37.22 require?
give P/rep sufficient info/opportunity to make written representations to new hospital panel
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What information must P be provided with under COP 37.22?
letter of reference from transferring hospital, assessment by new hospital RC, any other reports documents
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Can restricted patients be transferred?
Need MOJ approval
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If assessing doctor is invited to new hospital panel who should they also consider inviting?
P/his rep
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Is Section 37 subject to Part 4?
Yes
120 of 791
What is the admission criteria for Section 37(2)?
Court satisfied on evidence of 2 medical practitioners, mental disorder either nature/degree, appropriate detention, treatment available OR court opinion considering all circumstances, most suitable method of dealing
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Who can discharge from Section 37?
MHT, HMH, RC, COA,
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What options are available for discharge?
immediate/deferred/CTO
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What is Section 37 treated the same as?
Section 3
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What references are available for Section 37?
discretionary by SOS, 3 year HM
125 of 791
What are the eligibility periods for Section 37?
Second 6, 12
126 of 791
What are the NR eligibility periods for Section 37?
same as P, second 6,12
127 of 791
Who can make a Section 37?
Crown/Mags
128 of 791
Do Mags have to convict to make Section 37?
No - Section 37(3)
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Do Mags/Crown have to make Section 37 if medical evidence?
No
130 of 791
Are Section 37/41 patients subject to Part 4?
Yes
131 of 791
Who can make Section 37/41?
Crown only
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What power does RC have?
None only MOJ
133 of 791
How long from application to hearing for Seciton 37/41?
17 weeks
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Can a Section 37/41 be made without conviction?
No
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What does Section 41(1) say?
appears to Court, having consideration of nature/antecedents/risk/necessity for public protection
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What does R v. Birch say?
Harm must be serious
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What does R v. Parkins say?
Judge can add restriction even if against medical advice
138 of 791
How long does Section 37/41 last?
until discharged - Section 41(3)(a)
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Is a CTO available for Section 37/41?
No - Section 41(3)(aa)
140 of 791
Does eligibility under Section 66 and Section 69 apply?
No - Section 41(3)(b)
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What happens if P goes AWOL?
Ability to return indefinite - Section 41(3)(d)
142 of 791
Who is it on and what is the burden of proof for Section 37/41 discharge?
Hospital on balance
143 of 791
What is MOJ consent required for under Section 41(3)(c)?
Section 17 leave, Section 19 transfer, Section 23 discharge
144 of 791
What are the eligibility periods on Section 37/41?
second 6, 12
145 of 791
What are the eligibility periods for Section 37/41 following recall?
second 6, 12
146 of 791
What are the eligibility periods following conditional discharge from Section 37/41?
second 12, 24
147 of 791
When are references available on Section 37/41?
discretionary by SOS, 3 year by SOS
148 of 791
What discharge options are there from Section 37/41?
Absolute MHT, Absolute of conditional by MHT, Absolute MOJ, Conditional MHT, Deferred conditional by MHT, Conditional MOJ
149 of 791
Should you advise P to seek absolute discharge by MHT on Section 37/41?
No
150 of 791
When can MHT discharge absolutely from Section 37/41?
When Section 3 criteria not met under Section 72(1)(b) - Section 73(1)(a), OR not satisfied P liable to recall under Section 73(1)(b)
151 of 791
What happens if recall appropriate but criteria under Section 3 not met when considering discharge from Section 37/41?
conditional discharge
152 of 791
What did R(SSHD) v. MHRT decide?
Must consider recall even if no disorder
153 of 791
What section governs absolute discharge of a conditionally discharged P?
Section 75
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What can conditionally discharged P apply for?
absolute discharge or vary conditions
155 of 791
Who is the burden on for absolute discharge of conditionally discharged P?
P to demonstrate appropriateness
156 of 791
What case did Munby J, provide guidance on things to consider in for absolute discharge of conditionally discharged P?
R (SC) v. MHRT
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What does Section 42(2) say?
MOJ can discharge conditionally or absolutely
158 of 791
Are there any criteria for MOJ discharge of Section 37/41?
No
159 of 791
Who has burden for conditional discharge from Section 37/41 by MHT?
RC - satisfied criteria for Section 3 met under Section 72(1)(b)-Section 73(1)(a) and P - not appropriate to be liable for recall under Section 73(1)(b)
160 of 791
What happens if P has no mental disorder but should be subject to recall when conditionally discharged from Section 37/41?
Conditional discharge then apply for absolute later - Johnson v. UK
161 of 791
When does Section 73(7) say deferred conditional discharge by MHT of Section 37/41 should be used?
until such arrangements that appear to MHT necessary are ready
162 of 791
Can MHT make conditional discharge of Section 37/41 to see if P improves?
No
163 of 791
What does DC v. Nottinghamshire NHST say?
Deferred conditional only if not subject to recall but conditions
164 of 791
Is a deferred conditional discharge of Section 37/41 final?
No MHT can reconvene to reconsider if conditional not been possible R(IH) v. SSHI
165 of 791
What should RC do for deferred conditional discharge?
Write to confirm that arrangements made
166 of 791
What does R(K) v. Camden and Islington Health Authority say?
relevant bodies must make reasonable endeavours to ensure arrangements can be made
167 of 791
Who can impose conditions to a Section 37/41?
MHT (Section 73(4)(b)) or MOJ (Section 42(2))
168 of 791
What did SOS v. MP decide?
MHT must explain decision
169 of 791
What should conditions for Section 37/41 not do?
Breach Article 5
170 of 791
What did R(SH) v. MHRT say?
Medication condition is voluntary
171 of 791
What are some common conditions for Section 37/41?
residence, supervision, compliance with treatment, no drugs, drug screenings, exclusion zones, no contact with V, avoid alcohol
172 of 791
What should you do when advising client regarding conditional discharge for Section 37/41?
Advise of potential conditions and outline agreeable ones to MHT at start
173 of 791
What did R (Raymer) v. SOS decide?
MOJ must refer to MHT within one month of recall - Section 75
174 of 791
How long between application and hearing for Section 37/41 referral?
5-8 weeks under Rule 37
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What is the eligibility period for Section 37/41 once recalled?
second six, 12
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When can a Section 37/41 be recalled?
In emergency or need of updated evidence of disorder to justify recall - Kay v. UK
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When can SOS recall conditional discharge by MHT of Section 37/41 P?
if something happened since hearing or information not available at time - R(IT) v. SSJ
178 of 791
What does Grant v. MHRT say?
No power to make statutory recommendations in Section 37/41
179 of 791
Can MHT be adjourned for recommendations in Section 37/41?
no its unlawful
180 of 791
Are MHT non statutory recommendations binding?
No
181 of 791
Can MHT reconvene if non statutory recommendations are not adhered to?
No
182 of 791
What did EC v. Birmingham NHST say?
no obligation to give reason for no recommendation
183 of 791
What should you argue if panel reluctant to recommend leave/transfer?
Necessary and available part of treatment - Section 72(1)(b)(iia)
184 of 791
Are Section 47/49 subject to Part 4?
Yes
185 of 791
When does Section 47 apply?
sentenced prisoner transferred to hospital
186 of 791
What is the criteria for Section 47?
disorder, nature/degree, appropriate to be detained, treatment available
187 of 791
What does Section 47(3) say?
treated same as Section 37
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What is Section 47 alone called?
Notional 37
189 of 791
Who can discharge from Section 47?
MHT, HMH, RC, MOJ
190 of 791
What options are there for Section 47 discharge?
Immediate, deferred (MHT), CTO (RC)
191 of 791
What are the eligibility periods for Section 47?
6,6,12 - Section 69(2)(b)
192 of 791
What are the eligibility periods set out in Section 69(1 for NR for Section 47 patients?
Same as P, 6,6,12 - applied by Section 55(4)
193 of 791
When are references made for Section 47 patients?
discretionary by SOS, 3 year HM
194 of 791
What Code of Practice chapter applies to Section 47?
22
195 of 791
Who must apply to MOJ for P's transfer under Section 47?
AMHP and two Drs
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What should you always do with criminal sections?
Get criminal papers to see offence
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What Code of Practice chapter relates to Section 37/41?
22
198 of 791
What Code of Practice chapters apply to CTO's?
29,31,32
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What Code of Practice Chapter applies to Section 7?
30
200 of 791
Can Section 47 patients be returned to prison on discharge?
No
201 of 791
What did R (Miah) v. SSHD decide?
sentence and license period continues after transfer as if released from prison
202 of 791
What happens if Section 47 subject to life tariff?
Parole release and then MHT discharge
203 of 791
What happens if Section 47 sentence expires while P still in hospital?
Becomes notional 37
204 of 791
Is Section 48/49 subject to Part 4?
Yes
205 of 791
What is the criteria for Section 48?
disorder, nature/degree, appropriate to be detained, urgent treatment needed, treatment available
206 of 791
Who can discharge Section 48/49?
MHT, HMH, RC, Criminal case ends (Section 48 only)
207 of 791
What options are there for discharge from Section 48/49?
immediate, deferred (MHT), CTO (RC), criminal case ends (Section 48 only)
208 of 791
What are the eligibility periods for Section 48/49?
6,6,12 - Section 69(2)(b)
209 of 791
What are the eligibility periods under Section 69(1) for NR for Section 48/49?
Same as P - Section 55(4)
210 of 791
When does Section 48 apply?
prisoners on remand transferred to hospital by SOS
211 of 791
When do references apply to Section 48/49?
discretionary by SOS, 3 year HM
212 of 791
What Code of Practice chapter applies to Section 48/49?
22
213 of 791
What is Section 49?
Restrictive section applied to Section 47 or Section 48, same as Section 41
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Can restricted patients be transferred back to prison once MHT discharge?
Yes
215 of 791
When must SOS impose restrictions under Section 49(a)?
Section 48(a) on remand and Section 48(b) on remand
216 of 791
When MAY SOS impose restrictions?
Section 47 (Sentenced - R(Thompson) v. SSHD), Section 48(c) or Section 48(d)
217 of 791
What are the eligibility periods when Section 49 restriction applies?
6,6,12
218 of 791
Can NR apply to MHT where Section 49 applies?
No
219 of 791
When are references made in Section 49 cases?
discretionary and 3 year by SOS
220 of 791
Can the MHT make recommendations?
Same as Section 37/41 - no stat,
221 of 791
What happens when Section 49 ends?
Notional hospital order, return to prison/release by MOJ or MHT recommendation for discharge by MOJ
222 of 791
What happens if Section 49 ends and P becomes notional?
P treated as detained under Section 47 on that date for eligibility
223 of 791
Can an IPP be a Notional 37 after removal of Section 49?
No
224 of 791
What does R(W) v. Dr Larkin say?
RC must notify SOS/ any approved clinician/MHT that P no longer requires treatment or no treatment can be given
225 of 791
Once RC notifies of no treatment for Section 49 what will happen to P?
Released or remitted back to prison
226 of 791
What section governs the provisions for return/release under Section 48/49?
Sections 51-53
227 of 791
Can MOJ discharge instead of return/release?
Yes absolutely or conditionally, though tend to release under Section 50 when directed by Parole Board
228 of 791
Can MHT discharge from Section 49?
No but can make recommendation - Section 74
229 of 791
What is the difference between MHT and Parole Board
MHT considers detention under Art 5(1)(e), Parole considers Art 5(1)(a)
230 of 791
What did R(P) v. SSHD?
joint hearings of MHT and Parole not required, consecutive hearings not breach - Art 5(4)
231 of 791
What can MHT consider if terrorism offence involved in Section 48/49?
discharge to prison
232 of 791
What did AC v. Partnerships in Care say?
When MHT follows Parole, MHT must consider discharge hypothetically, as if Section 37/41
233 of 791
What questions must MHT ask themselves to make recommendation in Section 49 case?
Would P be entitled to absolute/conditional discharge if under Section 37/41? (If no stays in hospital). If P would be conditionally discharged should P continue to be in hospital rather than prison? (No P goes to prison) (Yes P stay in hospital)
234 of 791
When can P become a "Notional 37"?
Restriction of Section 47/49 ending, transfer from prison under Section 47, P given determinate sentence and hospital direction under Section 45A and at release date limitation ends, admission order without restrictions under Section 5 CP1, SOS decides to
235 of 791
When can "Notional 37" apply?
6,6,12 (except under admission order)
236 of 791
Is there any difference between discharge from Section 37 and Notional 37?
Yes notional can apply in first 6, all other routes the same
237 of 791
Are Section 45A patients subject to Part 4?
Yes
238 of 791
Who can make Section 45A?
Crown
239 of 791
When is Section 45A made?
Same time as prison sentence except where fixed by law - Section 45A(1)(2)
240 of 791
What did AG's Reference (No.54 of 2011) say?
Must be aged 21+
241 of 791
What happens when Section 45A order given?
Limitation direction also given - Section 45A(3)
242 of 791
What are the discharge options for Section 45A?
Same as Section 47/49 until restrictions cease then Notional 37
243 of 791
When are references made for Section 45A?
Same as for Section 47/49 until restrictions cease then Notional 37
244 of 791
What recommendations apply to Section 45A?
Same as Section 37/41 no statutory, only non-statutory
245 of 791
What are the eligibility periods for Section 45A?
Same as for Section 37/41 - second 6, 12 until restrictions cease then same as Notional 37
246 of 791
Can a NR apply for MHT under Section 45A?
No
247 of 791
What case sets out guidance for use of Section 45A?
R v. Edwards
248 of 791
What does the R v. Edwards guidance say?
is hospital order appropriate, consider penal element, assess culpability and harm
249 of 791
What must a Judge do if they choose Section 37/41 over Section 45A?
Give reason why penal element not appropriate
250 of 791
What is a Section 38 order?
temporary hospital order in case of person convicted of offence other than murder where hospital appropriate
251 of 791
Who can make a Section 38 order?
Crown and Mags
252 of 791
What must Court be satisfied of for Section 38?
On evidence of 2 registered medical practitioners that P has disorder and hospital would be appropriate
253 of 791
How long can a Section 38 initially last?
12 weeks max
254 of 791
How much can a Section 38 be extended by?
28 days at a time up to 12 months - Section 38(5)
255 of 791
How is a Section 38 ended?
discharge by Court either by making Section 37 or other order
256 of 791
Does a Section 38 have any eligibility for MHT or references?
No
257 of 791
Can Court make a guardianship order?
Yes under Section 37
258 of 791
What is the criteria for Section 37 guardianship?
satisfied on evidence of 2 registered medical practitioners, disorder, 16+, nature/degree, warrants guardianship, most suitable disposal
259 of 791
What discharge routes are available for Section 37 guardianship?
Same as Section 7 except no NR
260 of 791
Can NR make MHT application under Section 37 guardianship?
Yes once in 12 months - Section 69(1)(b)
261 of 791
Are patients under Section 135 warrant subject to Part 4?
No
262 of 791
How long does Section 135 warrant last?
Max 24 hours bur can be extended by registered medical practitioner for up to 12 hours for assessment
263 of 791
What is the criteria for Section 135(1) warrant?
if appears to AMHP suffering from disorder and has been ill treated/neglected/kept under proper control OR unable to care for himself and living alone
264 of 791
What does Section 135 warrant allow?
police to enter if needed by force and remove P to place of safety with view to making Part 2 application
265 of 791
Is there the right to apply to MHT under Section 135?
No
266 of 791
What is a place of safety under Section 135?
residential LSSA accommodation, hospital, police station or care home for mentally disordered - Section 135(6)
267 of 791
Can police station be a place of safety for child under Section 135?
No - Section 136A(1)
268 of 791
What is the criteria for a Section 135(2) warrant?
appears to constable or other authorised person to take P into custody or retake P, P in jurisdiction, admission to premises has been refused, a warrant may be issued to enter the premises and if needed, by force, remove P
269 of 791
Are patients under Section 136 subject to Part 4?
No
270 of 791
Are the place of safety rules different in Section 136 from Section 135?
No
271 of 791
Is there a right to appeal to MHT under Section 136?
No
272 of 791
What is the criteria under Section 136(1)?
appears to constable to be suffering from disorder, in need of immediate care/control, necessary to do so in public/P protection, can remove to place of safety or another place
273 of 791
Where can constable exercise Section 136(1) in accordance with Section 136(1A)?
Where P is at any house/flat/room where he is living/another person is living or any garden/yard/garage/outhouse connected to the aforementioned house/flat/room
274 of 791
Can an constable use force to enter any place under Section 136(1)?
Yes - Section 136(1B)
275 of 791
What must a constable do before removing under Section 136(1C)?
if practicable consult: a registered medical practitioner, registered nurse, AMHP, person specified by SOS
276 of 791
What will happen to a person detained under Section 136?
detained for purpose of examination by registered medical practitioner and interviewed by AMHP and any necessary arrangements made.
277 of 791
When is Section 35 used?
When P is remanded to hospital for report
278 of 791
Is a Section 35 patient subject to Part 4?
No
279 of 791
What is the criteria for Section 35?
Court satisfied on medical practitioner evidence that suspects P has disorder and impractical to complete report in prison - Section 35(3)
280 of 791
Who can order Section 35 report?
Crown or Mags
281 of 791
How must Section 35 report be used?
Only fitness to plead not advance case - R(M) v. Kingston Crown
282 of 791
How is Section 35 discharged?
Court process only
283 of 791
Can a Section 35 patient be put on another section?
Yes can be sectioned under Part 2 at the same time for treatment
284 of 791
How long does Section 35 last?
28 days at a time to max of 12 weeks - Section 35(7)
285 of 791
Can Court terminate the remand?
Yes if appropriate - Section 35(7)
286 of 791
What is a Section 36 order?
remand to hospital for treatment
287 of 791
Who can make Section 36 order?
Crown only
288 of 791
What is the criteria for Section 36 order?
disorder, nature/degree, appropriate to be detained for treatment, treatment available - Section 36(1)(a) and (b)
289 of 791
How long does Section 36 last?
28 days at a time for max of 12 weeks - Section 36(6)
290 of 791
Can Court terminate Section 36 order?
Yes at any time
291 of 791
How does a Section 36 end?
discharge via Court only
292 of 791
Are Section 36 patients subject to Part 4?
Yes
293 of 791
What is a Section 43 order for?
committal by the Mags for restriction - Section 43(1)
294 of 791
Are Section 43 patients subject to Part 4?
No
295 of 791
What is the criteria for Section 43?
P (14+) convicted by Mags of offence on summary conviction, Section 37 criteria satisfied, appears to Court restriction should be made
296 of 791
Can makes impose restriction order under Section 43?
No
297 of 791
What happens once committed to Crown under Section 43?
Crown can make hospital order without/with restriction or deal with in any other way - Section 43(2)
298 of 791
What is a Section 44 order?
Committal to hospital
299 of 791
Are patients under a Section 44 order subject to Part 4?
Yes
300 of 791
What does Section 44(1) allow?
Mags can commit to Crown under Section 43(1) but direct admitted to hospital
301 of 791
What is a Section 51(5) order?
Hospital order without conviction
302 of 791
Are patients under Section 51(1) subject to Part 4?
No
303 of 791
What is the criteria for Section 51(5)?
impracticable/inappropriate to bring detainee before Court and conditions of Section 51(6) satisfied
304 of 791
What are the additional criteria under Section 51(6)?
on evidence of 2 registered medical practitioners, disorder, nature/degree, appropriate to be detained, treatment available, appropriate order
305 of 791
What does R(Kenneally) v. Snaresbrook Crown say?
Section 51(5) only to be used in exceptional circumstances
306 of 791
What Code of Practice governs Section 117?
33
307 of 791
What does COP 33.10 say?
Discharge planning should start on admission
308 of 791
What sections are Section 117 aftercare available to?
All except first Section 2
309 of 791
What is the criteria for Section 117 aftercare?
must meet a need arising from disorder and/or reduce the risk of deterioration/hospitalisation again
310 of 791
What duty does Section 117(2) impose?
Clinical commissioning group and LSSA must co-operate with relevant agencies
311 of 791
When does the Section 117 aftercare begin?
After P ceases to be detained in hospital - R(CXF) v. Central Bedfordshire Council
312 of 791
What does Mowanza say?
Can secure housing if need arising from disorder
313 of 791
When does Section 117 duty end?
When both satisfied services no longer required and cant be done under CTO - Section 117(2)
314 of 791
What does R(B) v. Camden LBC say?
Section 117 authority must use reasonable endeavours to fulfil any conditions under deferred conditional discharge
315 of 791
What did R(Stennett) v. Manchester City Council say?
No charge for Section 117, if made can be claimed back
316 of 791
Can P be charged anything for Section 117?
Only top up fees for preferred accommodation
317 of 791
Who pays for Section 117?
Local authority which P ordinarily resident before detention
318 of 791
What happens if the Local Authorities dispute who pays?
current LA starts paying, while both take dispute to SOS statutory resolution process under Section 117(4) and Section 117(5)
319 of 791
What sections can NR apply on?
Sections 2-5, CTO, unrestricted Section 37, notional 37 and Section 7
320 of 791
Who usually identifies the NR?
AMHP - Section 26
321 of 791
What are the two things a NR must be?
18+ and UK resident
322 of 791
What instructs do we need about NR?
Does P want them to be contacted? Record answer and reasons why have/haven't on file
323 of 791
How must the NR request discharge under Section 23(2)?
in writing, giving HM 72 hours notice, hand delivered to authorised person/sent by pre-paid post (Regulation 3(3))
324 of 791
What does Kinsey v. North Mersey say?
If request not delivered time doesn't start running
325 of 791
Can NR apply on Section 3 if barred on Section 2?
Yes
326 of 791
How long does RC have from request to prevent discharge?
72 hours
327 of 791
What must a barring order say?
That P would act dangerously if discharged
328 of 791
What happens after a barring Order?
HM must consider review, NR can't discharge for 6 months
329 of 791
What can NR do if barring order on Section 3 or CTO?
apply to MHT within 28 days under Section 66(1)(g) and Section 66(2)(d) where MHT must discharge if not dangerous Section 72(b)(iii)
330 of 791
What must hospital do under Section 132? (Section 132A for CTO)
Ensure P understands rights and provide copy of docs to NR
331 of 791
What must hospital do under Section 133?
Inform NR of P's discharge
332 of 791
Can NR delegate functions?
Yes - Regulation 24
333 of 791
Who must be notified of delegation by NR?
P and HM's/LSSA - Regulation 24(7)
334 of 791
Who cannot replace NR?
P, anyone disqualified or displace - Section 29
335 of 791
Can delegation of NR be revoked?
Yes with notification - Regulation 24(5)
336 of 791
If a MHT happens to follow a barring order does dangerous criteria apply?
No - R(MH) v. SOS
337 of 791
If a HMH happens to follow a barring order does dangerous criteria apply?
No - R(Huzzey) v. Riverside
338 of 791
What must RC do before moving from Section 2 to Section 3?
Consult NR
339 of 791
What happens if NR objects to Section 3?
Can't transfer - Section 11(4)
340 of 791
What happens if NR unreasonably objects?
Can challenge in County Court - Section 28
341 of 791
What happens if NR found unreasonable?
LA appointed NR and Section 3 proceeds
342 of 791
What did CX v. LA say?
decision not to consult can be challenged in County Court
343 of 791
Can NR be represented?
Yes - separate representation
344 of 791
When can NR apply to MHT?
once every 6 except unrestricted hospital orders where same as P
345 of 791
Who is NR if P is a child?
LA automatically if under Care Order (Section 27), if guardian appointed under Children Act they are NR (Section 28(1)(a)) or person named in residence order (Section 28(1)(b))
346 of 791
Can a NR be replaced by force?
Yes - displacement under Section 29 by County Court
347 of 791
Who can apply for displacement under Section 29(2)?
P, any relative, anyone P lives with, AMHP
348 of 791
What grounds can a Section 29(2) application be made?
P has no NR, can't ascertain NR, NR incapable due to disorder, NR unreasonably objects to Section 3 or Section 7, NR exercising discharge without regard to P's welfare/public interest (Section 29(3)(d)), NR otherwise unsuitable
349 of 791
What funding basis can you represent NR?
Means tested public funding certificate
350 of 791
Who will the Court appoint to be NR in Section 29 proceedings?
Person in app if suitable/willing if not someone else - Section 29(1A)
351 of 791
What does Section 26(2) say?
Any half relative treated as blood
352 of 791
Who is preferred under Section 26(4)?
Relatives P resides with
353 of 791
How are illegitimate children treated for NR purposes?
As legitimate (Section 26(2)(a)) but only if father has PR (Section 26(2)(b))
354 of 791
What does Section 26(6) say?
Cohabitee treated as spouse if lived together 6+ months and spouse disbarred or no spouse
355 of 791
What does Section 26(7) say?
Person who has lived with P for 5+ years (unrelated) can be NR if no spouse
356 of 791
Can step parents/children/siblings be NR?
Not unless 5 years residency
357 of 791
Who is an adoptive child the NR for?
Adoptive parent not natural parent - Section 46(2) Adoption +Children Act 2002
358 of 791
When is a NR disqualified?
Dead (Section 26(3)), non-UK resident (Section 26(5)(a)), separated/deserted spouse/civil partner (Section 26(5)(b)) and under 18's (Section 26(5)(c)
359 of 791
What ratio of decision is required at HMH?
Unanimous - R(Tague- Thompson) v. HM Park Royal
360 of 791
Is there a medical exam before HMH?
No
361 of 791
When can HMH application be made?
Anytime
362 of 791
Can hospitals limit HMH?
Yes - particularly if recent MHT R(Z) v. Camden NHST
363 of 791
When are client's best advised to apply for HMH?
In 12 months between MHTS
364 of 791
What recommendations can they make?
Care only
365 of 791
Can HMH's decisions be judicially reviewed?
Yes - South Staffordshire and Shropshire NHST v. HM of St Georges
366 of 791
What must HM ensure?
P knows how to contact a representative - COP 12.6 and 26.5 LSG2.1
367 of 791
What does COP 38 require?
can review at discretion, must review if RC extends CTO under Section 20/Section 20A, should review if NR barred under Section 25, consider whether to review if recent MHT
368 of 791
What is the role of the IMHA?
Help qualifying P's understand legal provisions and their rights LSG 2.2
369 of 791
Who is a qualifying P for IMHA?
detained under MHA (except Sections 4, 5(2),5(4), 135 or 136), subject to guardianship, CTO, discuss Section 57 treatment with registered practitioner or under 18 and discuss Section 58A treatment
370 of 791
What can IMHA do?
Attend MHT/HMH and speak on behalf if not represented, help complete forms
371 of 791
What does Section 118 require?
There to be a COP and must have reasons from departing from it Muryaz - challenge blanket policies
372 of 791
What is the purpose of the CPA?
least restrictive option, maximise independence, P involvement, respect, dignity, efficiency and equality
373 of 791
Should we attend the CPA?
Only if justified
374 of 791
What should we do post-CPA?
Get minutes and chase any points not being done
375 of 791
What did the Department of Health's 2008 Refocusing the CPA report suggest?
assessments/care plans should address P's needs and management, services should work together for integrated approach, services to be person-centred, care co-ordinator vital, focus on improving outcomes for P and family
376 of 791
What did R(Brady) v. Lord Chancellor say?
No ECHR right to lawyer of choice, must have LASPO contract
377 of 791
What is the main type of work?
Controlled, set number of matters per firm
378 of 791
Is certificate work means tested?
Yes - all except for DOLS
379 of 791
What are the two types of certificate?
1. substantive - granted by LAA, 2. emergency - granted by firm
380 of 791
Two types of representation?
Investigative and full
381 of 791
What should we do when working on a file?
Justify all work - note specifics from medical records e.g. dates etc.
382 of 791
What should you do if you have a query about Legal Aid?
Contact LAA MH team directly
383 of 791
What happens if client refuses to sign legal aid forms?
Supervisor can sign for them and provide detailed explanation on file
384 of 791
Where should you put your name in MHT matters?
Under CLR declaration
385 of 791
Is MHT means tested or non means tested?
Non-means tested
386 of 791
How many files does P get per eligibility period?
1
387 of 791
Are HMH and CPA's separate files?
No - roll into one
388 of 791
Can you open additional matters for the same person?
Yes - where more than one set of proceedings/P withdraws and reapplies
389 of 791
When do you open a new file?
New eligibility period or new legal issue
390 of 791
If had MHT and open another file is the new file means or non means tested?
Means tested
391 of 791
What is the merits test for Legal Help?
sufficient benefit test - reasonable private paying client would pay for it
392 of 791
What is the merits test for CLR work?
reasonableness test - reasonable in all the circumstances
393 of 791
Is Legal Help usually means tested or non means
Means tested
394 of 791
Is CLR usually means tested or non means tested
non means tested
395 of 791
Can you do non MHT work on CLR?
No
396 of 791
What fee level is Legal Help?
non MHT/Level 1
397 of 791
What fee level is CLR?
Level 2/3
398 of 791
How does P secure non MHT non means tested?
must be eligible to apply to MHT, advise must satisfy sufficient benefit test, reasonable expectation to apply to MHT, reason for non means stated on file, P must have requested MHT advice
399 of 791
How do you deal with means testing?
relevant LH section fully completed (or only capital if on passport benefit), complete when in doubt!, no independent evidence of capital eligibility required, evidence of means for income required, can request info from MHA office, if cant get evidence e
400 of 791
What is capital limit for means test?
£8,000.00
401 of 791
What does MHT Level 1 fee cover?
initial advice, prep + sending letters, MHT application, application to withdraw if part of initial advice, can apportion part Level 1 and 2 if app already made
402 of 791
How much is MHT Level 1 fee?
£129.00, £69.00 remote
403 of 791
When can you claim adjourned hearing fee?
When adjourned/cancelled/postponed on day of hearing by MHT/RC, if withdrawn by us by reason beyond control and incurred travel expenses
404 of 791
How much is the adjourned hearing fee?
£117.00 per hour
405 of 791
When does the escape fee apply?
When work done exceeds 3 x total fee levels plus total of all additional payments payable - LAA scrutinise all!
406 of 791
What are the non-MHT rates?
£253.00 per hour or £138.00 remote
407 of 791
How much are the MHT level 2 fees?
£321.00 or £138.00 remote
408 of 791
What does MHT Level 2 cover? (paragraph 9.77ff)
after initial advice and app, negotiation and all prep, covers all HMH/CPAs's, considering reports
409 of 791
How much is MHT Level 3?
£294.00 or £138.00 remote
410 of 791
What does MHT Level 3 cover? (paragraph 9.84)
representation at hearing and any aftercare
411 of 791
What does Regulation 23(4) say?
Cant give LH to P who has had representation elsewhere for same matter in last 6 months
412 of 791
What should you do if P wants to switch to you? LSG 2.4
Record brief reasons why on file then write to current firm to see if they object
413 of 791
How much is travel paid at?
£40.00 per hour
414 of 791
What must you record if using experts?
clear detailed reasons for their involvement
415 of 791
How much are psychiatrists paid under Legal Aid?
£108.00 per hour
416 of 791
How much are psychologists paid per hour?
£93.60 per hour
417 of 791
If submit appeal and permission unsuccessful what level is work paid at?
Level 3
418 of 791
What happens if MHT sets aside decision?
Claim adjourned hearing fee then recalculate in case have escape fee
419 of 791
If work on review/appeal but didn't do original MHT what levels can be claimed?
Level 1 and 2 only
420 of 791
What right is found in Article 2?
Right to life
421 of 791
What did Savage v. South Essex NHST say?
Hospital have duty to prevent P suicide
422 of 791
What right is found in Article 3?
Prohibition of torture - MS v. UK
423 of 791
What right is found in Article 6?
Right to fair trial
424 of 791
What right is found in Article 8?
Respect for private and family life
425 of 791
What right is found in Article 5?
Right to liberty and security
426 of 791
What did KB and Others say?
Everyone deprived of liberty should have opportunity to challenge lawfulness and have a decision speedily
427 of 791
What case decided could apply to MHT for Section 2?
X v. UK
428 of 791
What did Meggen v. Germany decide?
Not assigning lawyer isnt breach of Art 5
429 of 791
What did MH v. UK say?
Where P can't refer self need option to be referred anyway
430 of 791
What did R(H) v. MHRT London say?
Burden on P incompatible with Art 5
431 of 791
What case decided individual should not be deprived of liberty unless of unsound mind?
Winterwerp v. Netherlands
432 of 791
What should you do if improvements noticed at MHT?
Ask MHT to record in decision or outline steps to discharge
433 of 791
When is deferred discharge usually used?
To finalise aftercare
434 of 791
Is there any statutory criteria for deferred discharge?
No
435 of 791
Can MHT reconvene after deferred discharge?
No
436 of 791
What did R(H) v, Ashworth Hospital Authority say?
If concerns about aftercare availability should adjourn not defer
437 of 791
Is it lawful to discharge in anticipation of DOLS?
Yes - DN v. Northumberland NHSFT
438 of 791
Can deferred discharge be used when NR applies?
Yes - R(B) v. MHRT
439 of 791
Can deferred discharge exceed date of order authorising detention?
No - JMcG v. Devon Partnership NHST
440 of 791
In unrestricted cases where MHT doesn't discharge it can recommend under Section 72(3)
a) leave/transfer/guardianship; b) further consider if recommendations not complied with, CTO (Section 72(3A))
441 of 791
Can make any other recommendations/comments?
Yes - comments and non statutory recommendations
442 of 791
When should you write to MHT with P's position?
Before reconvening date
443 of 791
What did MS v. NE London FT say?
MHT failure to provide reasons for refusal of statutory recommendation an error of law but doesnt set aside decision
444 of 791
What must MOJ be informed of?
MHT proceedings and have opportunity to comment on evidence and be represented
445 of 791
What power does the SOS have under Section 42(1)?
remove restrictions leaving P as if unrestricted on date restrictions cease Section 41(5)
446 of 791
What power does SOS have under Section 42(3)?
Recall conditionally discharged P to hospital to be restricted again
447 of 791
What is the purpose of MAPPA?
sharing of info and assessing/managing risk
448 of 791
What report must cover MAPPA involvement?
Social circumstances
449 of 791
What information should be provided in report about MAPPA?
if P is known, what area, what reason, what level, who is the chair and any evidence
450 of 791
What are the three categories of MAPPA offender?
registered sex offender, violent and other sex offender, other dangerous offender
451 of 791
What are the three levels of MAPPA?
ordinary management, active multi-agency, active enhanced multi-agency
452 of 791
What did R v. O say?
Technical lifers must appeal to COA rather than be put on hospital order
453 of 791
Why would someone be subject to high security under Section 4(1) of the NHS Act 2006?
liable to detention under MHA, in SOS opinion require treatment under high security
454 of 791
What are the three high security hospitals?
Broadmoor, Rampton and Ashworth
455 of 791
What is considered for high security admission?
disorder, liability for detention, risk, necessity for high security
456 of 791
What power does Section 47 of the Crime and Sentences Act 1997 give to the Court?
specify the hospital and unit
457 of 791
How does S.47 CSA 1997 affect the RC?
must get MOJ permission for leave on grounds and to transfer under Section 19
458 of 791
Can a victim be involved in Part 3 Tribunals
Yes - only in relation to P's conditions
459 of 791
Can a victim submit an impact statement?
No
460 of 791
What must the relevant probation service do?
take all reasonable steps to see if V wants to make representations and receive information
461 of 791
What duty do HM's have in relation to unrestricted P's victim?
Forward information/representation
462 of 791
Where V elects to receive information, what must board inform V of?
conditions if P discharged, conditions relating to contact with V/V's family, when restrictions are to cease, anything else appropriate
463 of 791
What should we do in forensic cases where LA provided evidence?
instruct independent expert and serve MOJ a copy of evidence - written justification must be on file
464 of 791
In restricted cases can MHT adjourn?
Yes - only in relation to statutory powers
465 of 791
How long does it take to arrange a restricted hearing?
3-4 months
466 of 791
What do you often find about forensic P's?
more stable but higher rate of psychopathy
467 of 791
Can a firm represent at MHT and Parole hearing?
Yes - if have the legal aid contracts
468 of 791
When is a reference used?
Where P does not exercise right to apply - MH v. UK
469 of 791
What can we do if reference is due?
Prompt relevant body to make it
470 of 791
What should we advise client if reference due?
Withhold application to MHT
471 of 791
What happens if MHT application in and reference submitted?
MHT can join the two so withdraw the app
472 of 791
Can P withdraw a reference?
No - reference maker can withdraw discretionary but not mandatory
473 of 791
Under what section must HM make a reference after 3 years from the last MHT?
Section 68(b)
474 of 791
Under what section can SOS make a reference at any time for restricted P?
Section 71(1)
475 of 791
Under what section must SOS make a reference if no application to MHT in 3 years?
Section 71(2)
476 of 791
When is the only reference for conditionally discharged restricted P?
on recall
477 of 791
Under what section can SOS use discretionary reference for unrestricted P's?
Section 67(1)
478 of 791
When should SOS use discretionary for Section 2?
when NR displaced or deadline missed
479 of 791
How do we request a discretionary reference?
send explanation as to why, length of section and unsigned/undated referral form
480 of 791
Under what section can HM make a reference?
Section 68
481 of 791
What if HM cannot make a reference under Section 68?
they can request a discretionary one from SOS
482 of 791
What are the Part 4 provisions?
safeguards for P in relation to compulsory treatment
483 of 791
What sections are subject to Part 4?
2 3 36 38 44 51(5) 37 37/41 45A 47 47/49 48 48/49 Section 5 CIPA
484 of 791
What sections are not subject to Part 4?
4 5(2) 5(4) 35 135 136 37(4) 45A(5) conditional discharge CTO
485 of 791
What Code of Practice chapter governs consent?
34
486 of 791
What does COP 34.24 say about consent?
voluntary and continuing permission of P to particular treatment based on knowledge of purpose/nature/effects/risks/prospects/alternatives
487 of 791
What does COP 34.35 say? *IMPORTANT I KNOW THIS*
P who lacks capacity cannot consent or refuse even if co-operate/actively seek it
488 of 791
What is the Section 1(4) definition of learning disability?
arrested/incomplete development of mind including significant impairment of intelligence/social functioning
489 of 791
What section sets the learning disability exception?
Section 1(2A)
490 of 791
What does Section 1(3) say?
dependence on drugs/alcohol not a disorder
491 of 791
What treatments does Section 57 apply to?
destruction of brain tissue or functioning of brain tissue (Section 57(1)) and surgical implementation of hormones to reduce male sex drive (Regulation 27(1))
492 of 791
What does Section 56(1) say?
Section 57 consent applies to all P's, even undetained
493 of 791
What must be satisfied for Section 57 treatment to be lawful?
P's consent (Section 57(2)), P's consent and capacity certified in writing by SOAD and two appointed people (Section 57(2)(a), and SOAD certifies treatment appropriate (Section 57(2)(b)).
494 of 791
What does Section 63 say?
Where Part 4 applies P's consent not required for disorder if treatment given by approved clinican
495 of 791
What does Section 58 require?
consent or SOAD where 3 months have passed since medication first given - Section 58(1)(b)
496 of 791
What is required for Section 58 treatment?
P's consent, SOAD/AC certified P's capacity to consent (Section 58(3)(c)) or SOAD approves treatment despite lack of consent/capacity
497 of 791
What does Section 62 cover?
urgent treatment
498 of 791
What is urgent treatment?
necessary to save P's life, necessary to prevent deterioration of condition, necessary to alleviate serious suffering, minimum interference to prevent P being violent
499 of 791
What treatment does Section 58A apply to?
ECT (Section 58(1)(a)) or medication as part of ECT (Section 58(1)(b)) and Regulation 27(3)
500 of 791
What must SOAD/AC certify for Section 58A(3)?
P has capacity and consents
501 of 791
What is P is a child and is subject to Section 58A treatment?
SOAD must certify capacity, consent and appropriate treatment (Section 58A(4))
502 of 791
What if P lacks capacity and is subject to Section 58A treatment?
SOAD must certify P lacks capacity, appropriate treatment and no conflict with advanced decision - Section 58A(5)
503 of 791
What does Part 4A relate to?
Consent to treatment whilst on CTO
504 of 791
Who is classed as an adult for Part 4A?
16+
505 of 791
What are the two provisions under Section 64B(2)?
authority and certificate requirement
506 of 791
When is the authority provision under Section 64C(1) met?
consent from P with capacity, consent from deputy/donee, authority under Section 64D, authority under Section 64G
507 of 791
How is authority granted under Section 64D?
RC has to take reasonable steps to establish capacity, reasonably believes P lacks capacity, no reason to believe P objects, RC in charge of treatment, treatment doesn't conflict with advanced decision
508 of 791
How is authority granted under Section 64G?
clinician reasonably believes P lacks capacity, treatment immediately necessary, if necessary to use force treatment to prevent harm to P or force is proportionate to seriousness of harm
509 of 791
How is the certificate provision met?
SOAD certifies treatment appropriate and conditions met (Section 64C(4)) OR AC in charge of treatment certified in writing P has capacity to consent and has consented (Section 64C(4A))
510 of 791
What is the exception to Section 64C(4A)?
not for ECT for under 18s! - Section 64C(4B)
511 of 791
In what case was consent to treatment argued a breach of HR?
X v. Finland
512 of 791
How do children differ under Section 64E-Section 64G?
authority (Section 64E(6) - consent from competent child or authority under Section 64F (same as Section 64D) or authority under Section 64G
certificate as for adults (Section 64E(7))
513 of 791
When doesnt the certificate provision apply to children?
emergency under Section 64G - (Section64E(3)(a) treatment immediate necessary and P has consented (Section 64E(3)(b)
514 of 791
Under what section is Part 4 applied to a recalled CTO P?
Section 12A
515 of 791
What if recalled P was subject to Part 4 before CTO?
if certificate in place before then still valid - best practice to get fresh one COP 25.85
516 of 791
What does Section 62(3) say?
no requirement for Part 4 certificate for Section 58 medication
517 of 791
What does Section 62A(4) say?
no requirement for Part 4 certificate for Section 58A if authority to treat and certificate met for purposes of Section 64C-Section 64E
518 of 791
How will certificate be met for Section 62A(4)?
certificate must expressly provide for treatment on recall (Section 62A(5)(a) OR if LA have ordered treatment cease (Section 64H(5)) can only be continued within terms of Section 64H(5)
519 of 791
What does Section 62A(6)?
two provisions don't conclude ongoing Section 58/Section 58A treatment if conclusion would cause serious suffering
520 of 791
What case said treatment must be within Art 3 and Art 8?
R(N) v. Dr M
521 of 791
What case decided treatment must be in P's best interest?
R(B) v. Dr **
522 of 791
What did SH v. Cornwall NHST say?
MHT not for consideration of treatment issues
523 of 791
What section of the MCA presumes capacity?
Section 1(2)
524 of 791
When is P considered unable to make a decision?
When all practicable steps taken without success - Section 1(3) MCA
525 of 791
What section says P not treated as unable to decide because of unwise decision?
Section 1(4) MCA
526 of 791
What must decisions made on behalf of P be?
In his best interests - Section 1(5) MCA
527 of 791
What does Section 1(6) MCA say?
Must have regard to purpose of decision and whether it can be achieved in least restrictive method
528 of 791
What does Section 2 MCA say?
P lacks capacity if at material time unable to make decision due to impairment/disturbance in functioning of brain
529 of 791
What is the test for capacity?
understand, retain, use/weigh info and communicate decision
530 of 791
What case provided the capacity test? *IMPORTANT I KNOW THIS*
PC v. City of York Council
531 of 791
What does Section 4 MCA contain?
Checklist for best interests
532 of 791
Should we consult those involved in P's welfare when considering best interests?
Yes
533 of 791
What do Section 5/6 of MCA deal with?
ability to take steps to care/give treatment to P in specified circumstances including restraint but not DOLS
534 of 791
What does R(Sessay) v. South London NHSFT say?
No powers of police to remove
535 of 791
What is the overlap between MCA and MHA?
Where P subject to Part 4 treatment generally given regardless of capacity
536 of 791
Where capacity to consent is relevant what should the decision maker also consider?
Whether they have capacity to refuse treatment and if not have they made any advanced decisions/ appointed a deputy - Nottinghamshire NHSFT v. RC
537 of 791
What case sparked the DOLS legislation?
HL v. UK
538 of 791
What facilities does DOLS apply to?
Hospitals and care homes only -Schedule A1 paragraph 1(2)
539 of 791
What if DOLS needed to be used elsewhere?
Must apply to COP
540 of 791
How long does standard authorisation last under Schedule 1 Part 4?
up to 12 months
541 of 791
How long does urgent authorisation last for?
Up to 7 days - Part 5
542 of 791
What is the acid test for DOLS?
Is P - under continuous supervision/control, not free to leave and their compliance/lack of objection, normality of placement and purpose of placement are not relevant
543 of 791
What are the six requirements for authorisation?
age, MH, MC, best interests, eligibility, no refusals
544 of 791
How is DOLS initiated?
2+ assessors (1 Dr, 1 AMHP), sent to DOLS team at LA, authorisation to be granted if assessment positive
545 of 791
Is it possible to reject a DOLS application?
Yes - Re:Steven Neary
546 of 791
Can you appeal a DOLS?
Yes to supervisory body for review of authorisation or to Court of Protection under Section 21A
547 of 791
Can anyone involved appeal?
Yes but app by P/his rep don't need permission and get non-means Legal aid
548 of 791
Is it possible for the OS to withdraw an app to challenge DOLS?
Yes TA v. AA
549 of 791
What are the 10 SRA Principles? *NEED TO APPLY TO ROLE AS MH solicitor
1. uphold rule of law 2. act with integrity 3. don't compromise indepen
550 of 791
What is Outcome 4.1?
duty of confidentiality
551 of 791
What are you required to explain at the outset of a matter?
Duty to keep matters confidential except with clients consent or as required by statute
552 of 791
What should you do if C discloses something you cannot keep confidential?
Check if C consents to disclosure and if they still want to instruct you then follow up with file note and letter
553 of 791
What duty does Outcome 5.1 impose?
not attempt to knowingly/recklessly mislead the Court
554 of 791
What does Outcome 5.2 say
not to be complicit with others misleading/deceiving the court
555 of 791
What does indicative behaviour 5.2 say?
must draw courts attention to relevant cases/provisions and material procedural irregularity
556 of 791
What does Outcome 4.2 cover?
duty of disclosure
557 of 791
What indicative behaviour should Outcome 4.2 be read with?
IB 4.4
558 of 791
What are the exceptions to duty to disclose?
when C gives specific informed consent to non disclosure where there is evidence of serious physical/mental injury if disclosed p
559 of 791
What happens if you receive medical records but have to undertake not to disclose certain information to C?
don't disclose but explain situation to C
560 of 791
What should you do if Tribunal Rule 14 prevents disclosure?
make application on CRM1 stating reasons should disclose and the balance of risk of harm v. interests of justice
561 of 791
What case decided you should not let Judge know your thoughts when advancing a weak argument?
Buxton v. Mills Owen
562 of 791
What guidance is there for complaint against MH rep?
Law Society Guidance
563 of 791
What does Legal Aid Agency do to promote best practice?
Peer review
564 of 791
What are the 12 requirements under the MHLA Code?
1. reps must be accredited or seeking accreditation 2. conduct yourself professionally and strive to provide high standard of work
565 of 791
What are the powers of the MHT?
discharge, consider CTO, leave/transfer, guardianship, recommendations for leave/discharge (Part 2), non statutory, extra statutory (Part 3 but rare!)
566 of 791
What should you do if you do not receive the reports ahead of MHT?
send CRM1 using request wording from PD on reports in 2013
567 of 791
When should you issue a MHT application?
As soon as instructed
568 of 791
Is there any difference to communication on MHT matters?
Use secure email
569 of 791
What should you do if the room for the MHT is not suitable?
Say so
570 of 791
What should you do if there is nothing to ask? *IMPORTANT*
ask for clarification of points
571 of 791
What should you be mindful of during an MHT?
facial expression/body language
572 of 791
What should you tell P regarding the questions for professionals?
May not always be a lot to ask
573 of 791
What should you do if the MHA does not apply to P?
no MHT, refer to administrator
574 of 791
What did R (von Bradenbury) v. East London say?
consider mental state on day
575 of 791
What can P do if detention found unlawful?
judicial review without waiting for MHT
576 of 791
What is the burden of proof in MHT?
balance R(AN) v. MHT
577 of 791
What must judgment based on risk be?
based on fact
578 of 791
What is P entitled to if breach of Art 5(4) for speedy review?
compensation for distress where discharge would have occurred earlier R(KB) v. MHRT
579 of 791
Can an AMHP re-section immediately after MHT discharge?
No unless formed opinion on info not known to MHT R(von Bradenbury) v. Easy London
580 of 791
Does the re-section rule apply to HMH?
Yes - South Staffordshire NHSMT v. HM St Georges
581 of 791
Can re-section if think MHT decision legally flawed?
No have to appeal - R(Ashworth) v. MHRT
582 of 791
What is the MHT application form?
T110
583 of 791
What is the MHT application form for guardianship?
T110 - guardianship
584 of 791
What is the referral form?
T111
585 of 791
What is the other name for T113?
CRM1
586 of 791
What is the purpose of T113?
any directions/requests
587 of 791
What form covers witness expenses?
T114
588 of 791
What form is used for listing availability?
HQ1/ HQ1 guardianship
589 of 791
What should you do if the half day estimate not suitable?
make representations
590 of 791
What should you do if an interpreter is required?
inform MHT ASAP
591 of 791
When should applications to withdraw be made?
ideally at least two working days before hearing with reasons
592 of 791
What form details who is attending?
T128
593 of 791
What does form T129 say?
asks if want legal rep appointing/ do they want to see Dr before MHT
594 of 791
What rule governs the overriding objective?
Rule 2.1
595 of 791
What does Rule 2.1 say?
enable MHT to deal with fairly and justly
596 of 791
What rule should you quote to try and get direction?
Rule 2.2.
597 of 791
What does rule 2.2 say?
a) deal with in way proportionate to importance/complexity/resources/costs b) avoid unnecessary formality/ seek flexibility c) ensure parties can fully
598 of 791
What case says party should try and agree procedural matters before app?
Dorset Healthcare v. MH
599 of 791
What must apps be according to Rule 3.2(1)?
in writing, signed and sent to arrive in eligibility period
600 of 791
Can we rely on hospital/MHT employees to submit app?
No R(Modaresi) v. SSHD
601 of 791
What section makes HM's the responsible authority for Part 2 P?
Section 145
602 of 791
What section makes LSSA the responsible authority for guardianship P?
Section 34(3)
603 of 791
What section makes SOS the responsible authority for restricted P?
Section 86
604 of 791
What rule allows the MHT to add someone as a respondent?
Rule 9(2)
605 of 791
Is a respondent a party?
No
606 of 791
Under what rule can a party appoint a rep?
Rule 11(1)
607 of 791
Must a rep be a legal rep?
No
608 of 791
Under what rule must MHT give permission for rep?
Rule 11(5)
609 of 791
When can Rule 11(7) be used to appoint rep?
P lacks capacity and wants to be represented
610 of 791
What must MHT do if capacity flucuating?
monitor and appoint rep if previously had one AMA v. Greater Manchester
611 of 791
Can MHT appoint non-legal rep?
No
612 of 791
How soon must MHT acknowledge receipt of app?
1-2 weeks
613 of 791
Under what Rule does MHT give notice of proceedings?
Rule 33
614 of 791
What rule governs medical examiners?
Rule 34
615 of 791
What does Rule 34 allow medical examiner to do?
interview/read full records
616 of 791
Can medical examiner discuss records with panel?
Yes in private
617 of 791
Can medical examiner express facts and preliminary opinion?
Yes - R(RD) v. MHRT
618 of 791
Can you allege bias of medical examiner?
Yes - R(PD) v. West Midlands
619 of 791
When does Rule 34(2) (Examination) apply?
Section 66(1)(a) unless MHT satisfied no exam wanted If P requests exam more than 14 days prior to MHT If P lacks capacity and rep present
620 of 791
When should judge direct exam?
Under Rule 39 if P fails to attend unless impractical/unnecessary
621 of 791
When should medical members examine?
In Section 2 or where app made 14+ days in advance
622 of 791
What should you do if MHT should see particular records?
Send them in advance
623 of 791
What rule says MHT should not proceed without party unless all reasonable steps taken to notify and in interests of justice?
Rule 39(1)
624 of 791
What rule says MHT cannot proceed without P unless they have decided not to attend or they have examined under Rule 34?
Rule 39(2)
625 of 791
What rule requires responsible authority to make records available to panel
Rule 32(9)
626 of 791
What rule governs disposal without hearing?
Rule 35(1)
627 of 791
What rule governs evidence in the MHT?
Rule 15
628 of 791
Must evidence meet civil admissibility rules?
No DL-H v. West London
629 of 791
Does author of report have to attend hearing?
No - AF v. Nottinghamshire NHSFT
630 of 791
Under what rule must responsible authority send reports?
Rule 32(6)
631 of 791
What are the exceptions under Rule 32(6)
If P conditionally discharged the named RC must send reports and where P on Section 2 send ASAP
632 of 791
When must SOS send reports for restricted P?
ASAP within 2 weeks
633 of 791
Is refusal to adjourn appealable?
Yes - LB v. BMH
634 of 791
What rule governs case management directions?
Rule 5
635 of 791
What rule governs applying for/giving directions?
Rule 6
636 of 791
What rule governs witness/document production?
Rule 16
637 of 791
What form should you use to get reports if late?
CRM1
638 of 791
What rule governs withdrawal of applications?
Rule 17
639 of 791
When can an app be withdrawn?
Anytime or orally at hearing
640 of 791
Is MHT consent required to withdraw app?
Yes
641 of 791
Are apps to withdraw dealt with by panel?
No delegated under Rule 17(1)(a)
642 of 791
What case prompted a practice direction on withdrawal?
AM v. Greater Manchester
643 of 791
What did AM v. Greater Manchester say?
late/tactical apps referred to judge/panel requests after 4.30pm day before considered by panel
644 of 791
What must late withdrawals be accompanied with?
full reasons, MHT will consider Art 5
645 of 791
is consent to withdrawal appealable?
Yes - MB v. BEH MH NHSFT
646 of 791
Under what rule must the Tribunal disclose documents received to other parties?
Rule 32
647 of 791
What is the exception to rule 32 disclosure?
Rule 14(2)
648 of 791
What does Rule 14(2) say?
MHT may give direction preventing disclosure if satisfied would cause P/someone else serious harm and MHT satisfied proportionate and in interest of justice to do so
649 of 791
What should the author put on the document under Rule 14?
"not to be disclosed without MHT permission"
650 of 791
why must non-disclosure be in interests of justice?
if P doesn't know something that would help challenge detention then unfair RM v. St Andrews Healthcare
651 of 791
Can an application be reinstated if withdrawn?
Yes - Rule 17(4)
652 of 791
How long do they have to apply for reinstatement
28 days
653 of 791
What case governs MHT discretion to reinstate
JS v. SLAM NHSFT
654 of 791
What rule governs MHT decisions?
Rule 41
655 of 791
What does Rule 41 say
MHT decision can be given orally
656 of 791
Do disclosure rules apply to the written MHT decision?
Yes
657 of 791
How soon must written decision be provided?
within 7 days (3 working days for Section 2)
658 of 791
What happens if oral and written decision don't match?
Both apply until sorted on appeal - PAA v. SSHD
659 of 791
Are MHT's public hearings?
No unless in interests of justice under Rule 38
660 of 791
What case set out the threshold tests for a public hearing?
Albert Haines v. West London NHST
661 of 791
Can you apply for wasted costs in MHT?
Yes CRM1 has option but unclear how this would be applied
662 of 791
How long do you have to appeal decision?
28 days after written decision and in any event within 3 months under Rule 45
663 of 791
What rule allows the correction of clerical errors/slips?
Rule 44
664 of 791
Under what rule can MHT set aside and re-make decision because of procedural irregularity
Rule 45
665 of 791
Under what rule can MHT review decision and re-make/remit for consideration if clear error of law?
Rule 46
666 of 791
What is the application form for appeal?
P10
667 of 791
Is judicial review available for upper tier decision?
Yes - R(Cart) v. Upper Tribunal
668 of 791
Can appeals go from Upper?
Yes to COA
669 of 791
What case set out guidance to decide if grounds to appeal?
HK v. Llanarth Court Hospital
670 of 791
What are the five possible ratings of Peer Review?
Excellent, Competence +, Competent, Below Competent, Failure
671 of 791
How many files does a peer reviewer take?
15
672 of 791
How many do they mark?
12
673 of 791
What do they provide an overall view on?
Communication with C, advice, work done
674 of 791
What are the six major concern areas?
section/detention papers not seen medical records not examined/no evidence that they have (RECORD ON FILE YOU HAVE)
675 of 791
What guidance is there for case prep?
Law Society Guidance and Peer Review
676 of 791
What peer review chapters cover the first meeting?
2 and 7
677 of 791
What should you find out?
C's desired outcome, will they be informal?, does he have somewhere to go? will he continue meds? will he attend appointments?
678 of 791
What should you do under Law Society Guidance 3?
be alert to any challenges P has, present info clearly and without jargon, allow extra time to explain issues in the case, ensure clients have timely access to info on their case
679 of 791
What should legal advice cover?
rights as P, consent to treatment, MHT procedure, MHT powers, timescales, IMHA, prospects of success, terms of section, discharge, eligibility, references
680 of 791
What Code of Practice Chapter governs capacity?
Chapter 1
681 of 791
What case says P must be capable of understanding the issue on which his consent/decision is required?
Master-Lister v. Brutton and Co
682 of 791
Which duty takes precedence?
follow instructions over best interest IB 25
683 of 791
What case decided understanding lawyer role showed capacity
YA
684 of 791
What case decided in withdrawing they understand they are agreeivng evidence and not able to be discharged?
AMA
685 of 791
Under what rule will MHT strike out app if they find out no capacity?
Rule 8 R(OK) v. FTT
686 of 791
What should you do if unsure on capacity
Make app using CRM1 for RC to check
687 of 791
What case decided P must understand he is detained against wishes and MHT will decide if can be released?
VS v. St Andrews Healthcare
688 of 791
What should you do if you conclude P doesn't have capacity?
Ask MHT to appoint you under Rule 11(7)
689 of 791
What case provided guidance about capacity and Rule 11(7)
YA
690 of 791
What guidance should you consider when P cant express wishes?
LSG 4.2
691 of 791
What does LSG 4.2 say?
ensure MHT has all relevant material to determine criteria met test criteria remember right to treatment in least restrict
692 of 791
What must appointed rep not do?
Concede points P disagrees with/ P doesn't have capacity to concede
693 of 791
What should you do if P disagrees with you?
if P has capacity then follow instructions or seek discharge of rep if P lacks capacity and rep doesn't seek discharge inform MHT rep will provide account of P's wishes and feelings, invite MHT to speak to P, draw arguments relating to wishes/
694 of 791
What peer review chapter governs section papers
Chapter 11
695 of 791
What should you check for civil sections?
correct forms used all forms signed hospital name on all
696 of 791
How do you get records if P lacks capacity?
Ask RC to provide in best interests. if refuse apply under Rule 5(d)
697 of 791
Can errors to section papers be amended?
Some can within 14 days under Rule 15
698 of 791
What happens if app unlawful?
Need to start again!
699 of 791
What peer review chapter governs initial letters and contact with others?
Chapter 6
700 of 791
What should you write to client with?
Confirmation of instructions and advice, steps to be taken
701 of 791
What if client doesnt want a letter?
Explain this on file
702 of 791
What should you do with all correspondence?
Mark confidential
703 of 791
What peer review chapter governs medical records?
Chapter 11
704 of 791
What peer review chapter governs reports?
Chapter 12
705 of 791
What should you check with reports?
comply with Practice Direction
706 of 791
What peer review chapter governs independent reports?
Chapter 9
707 of 791
When should you consider an independent report?
On every file
708 of 791
What sections govern the independents psychiatrist right to P and notes?
Section 76 and Section 129
709 of 791
What peer review chapter governs further visits?
Chapters 4,5, 14 and 15
710 of 791
What if P doesn't want to discuss reports?
take instructions even if dont want to via conversation
711 of 791
What peer review chapter governs prep for the hearing?
Chapter 13
712 of 791
What should submissions cover?
criteria, why not met, what asking for
713 of 791
In relation to risk to health what should we ask Dr?
physical or mental? evidence?
714 of 791
In relation to risk to safety what should we ask Dr/CPN?
vulnerability to what? evidence?
715 of 791
Do smoking regulations breach Art 8?
No R(N) v. SSH
716 of 791
How is schizophrenia diagnosed?
Positive symptoms - delusions, hallucinations, thought disorder Negative symptoms - loss of drive, apathy, emotional blunting
717 of 791
How long must schizophrenia symptoms be going on for?
1 month at least
718 of 791
When is the prognosis best?
when onset of symptoms quicker
719 of 791
How many symptoms needed to diagnose?
2
720 of 791
At what age does the risk peak for schizophrenia?
25 for women, younger for men
721 of 791
How are schizo-affective disorders characterised?
mania and schizo symptoms in equal measure during same episode
722 of 791
How are delusional disorders characterised?
one or more bizarre delusions without other schizo symptoms
723 of 791
When do delusional disorders onset?
Late
724 of 791
What does a diagnosis of mood disorder cover?
Everything from depression to mania
725 of 791
What are typical symptoms of depression?
sleep/appetite disturbance reduced libido/energy/drive/interest/concentration anxiety symptoms
726 of 791
What are symptoms of mania?
increased energy/libido elevated mood and sense of well-being may have delusions
727 of 791
if P has learning disability what should you check?
Have they been IQ tested?
728 of 791
What must IQ be less than for learning disability?
70
729 of 791
What are the two types of dementia?
chronic and progressive
730 of 791
What are the symptoms of anorexia?
weight at least 15% less than expected or BMI <17.5 distorted body image delayed puberty
731 of 791
How is anorexia treated?
psychology work, antipsychotics and monitoring
732 of 791
What is the prognosis for anorexia?
short term good, long term moderate
733 of 791
what criteria do you need 3 of for alcohol dependancy?
compulsion to drink difficulty controlling amount and pattern withdrawal state
734 of 791
What are the psychological effects of alcohol dependancy?
depression, suicide (16-45%), dementia
735 of 791
What is the definition of personality?
characteristic patterns of behaviour and modes of thinking that determine a persons adjustment to the environment
736 of 791
What should a personality be?
stable over time, present since adolescence, manifest in different environments, recognisable to friends
737 of 791
how is personality disorder treated?
CBT, anger management, DBT
738 of 791
What are the two main ways to classify a personality disorder?
type (practice) and trait (tests)
739 of 791
When is it difficult to diagnose personality disorder
When combined with other disorder especially schizophrenia
740 of 791
What is the change in personality related for disorder?
illness, severe trauma, head injuries or mix
741 of 791
What criteria suggests antisocial personality disorder?
bullying/fighting/use of weapons torturing animals/others physical/sexual violence
742 of 791
What is the prognosis for antisocial personality disorder
more of the above ticket and younger the worse the prognosis
743 of 791
What are the characteristics of antisocial personality disorder in adults?
repeated criminality decieitfulness, aliases impulsivity
744 of 791
What is borderline emotional unstable personality disorder (EUPD) treated with?
antipsychotics and mood stabilisers
745 of 791
Why should you avoid admission of EUPD?
leads to regression and those detained at higher risk to themselves, have poorer prognosis and more co-morbidity
746 of 791
How is EUPD characterised?
unstable/intense relationships mood instability suicidal behaviour
747 of 791
How is paranoid personality disorder treated?
low dose anti-psychotics, mood stabilisers and individual therapy
748 of 791
how is paranoid personality disorder characterised?
suspicion of exploitation/deceit/harm doubts of trust worthiness/loyalty of others fear of confiding as info used against them
749 of 791
How is psychopathy diagnosed?
PCL -R checklist
750 of 791
What does the PCL -R involve?
20 questions asked with a max score of 40. 30 is cut off
751 of 791
What are symptoms of psychopathy under PCL -R?
superficial charm grandious sense of worth prone to b
752 of 791
What is risk defined as for purpose of risk assessment?
probability of bad consequence or likelihood particular adverse event will occur
753 of 791
What are the risk factors of violence?
male, young, previous violence, drug/alcohol abuse, <20 at first violent crime
754 of 791
What factors increase the risk of psychosis?
violence in the last year (16-25% more likely) homelessness
755 of 791
What factors decrease the risk of psychosis
longer hospital stays control of substance misuse treatment complian
756 of 791
What are the three types of assessment used?
Clinical, Dynamic, Actuarial
757 of 791
What are the features of the clinical assessment?
quick/flexible/considers management issues uses both historical and dynamic features need history of victim/circumstances/offence
758 of 791
What are the features of the dynamic assessment?
forces clinicians to assess more thoroughly includes historical, clinical and risk factors
759 of 791
What are the features of the actuarial assessment?
historical, rigid, predictive not management useful but simplistic
760 of 791
What case management powers does the MHT have under rule 5(3)
a) Extend/shorten any time for complying with a rule
b) Consolidate proceedings
c) Permit/require a party to amend a document
d) Permit/require a party / person to provide documents
e) Deal with an issue as a preliminary issue
f) Hold a hearing to conside
761 of 791
Which rule governs giving and applying for directions?
6
762 of 791
What must an application for a direction include?
in writing (or orally at hearing) reason for the application
763 of 791
Can a party challenge a direction?
Yes make an applicaiton to vary/set aside
764 of 791
What rule governs failure to adhere to rules/directions
7
765 of 791
What can a MHT do if a party fails to comply?
a) Waive the requirement
b) Require the failure be remedied
c) Exercise its strike out power under Rule 8
d) Refer the matter to the Upper Tribunal to exercise its power under Section 25 of the 2007 Act to provide evidence
766 of 791
What rule governs strike out?
8
767 of 791
When can a MHT strike out?
when it doesnt have jurisdiction or doesnt exercise Rule 5(3)(k)
768 of 791
What rule governs the substitution of parties?
9
769 of 791
When can a party be substituted?
if they are the wrong person or circumstances have changed since the start of proceedings
770 of 791
What directions may a MHT give under Rule 15?
a) Issues on which it requires evidence/submissions
b) The nature of the evidence / submissions it requires
c) Whether the parties are permitted or required to provide expert evidence and if so whether this should be joint or single
d) Any limit on the nu
771 of 791
What rule governs the summoning of a witness?
16
772 of 791
How much notice should a summoned witness get?
14 days
773 of 791
What rule governs applications/references?
32
774 of 791
What must applications be?
in writing signed by applicant/person on their behalf sent to arrive in eligibili
775 of 791
What should be in a rule 32 application
a) The name and address of the patient
b) If the application is made by the patients NR, the name, address and relationship to the patient
c) Provision under which the patient is detained, liable to be detained, subject to guardianship, a community patie
776 of 791
what rule governs notice to interest parties?
Rule 33
777 of 791
what rule governs entitlement to attend a hearing?
rule 36
778 of 791
what rule governs the notification of parties to hearings?
rule 37
779 of 791
what rule governs the power to pay allowances?
rule 40
780 of 791
what rule governs the MHT decisions
rule 41
781 of 791
How must MHT decision be given?
may be given orally initially at hearing but always in writing
782 of 791
what must MHT provide under Rule 14(2)
a) A decision notice stating the decision
b) Written reasons for decision
c) Notification of any right of appeal
783 of 791
Under what rule can clerical error/slips be rectified?
44
784 of 791
Under what rule can the MHT set aside an order disposing of proceedings?
Rule 45
785 of 791
What conditions must be satisfied for set aside under Rule 45? (one or more!)
a) A document relating to the proceedings was not sent to or was not received at an appropriate time by a party or their rep
b) A document relating to the proceedings was not sent to the Tribunal at an appropriate time
c) A part or party’s rep was not pre
786 of 791
what if the application to appeal is late?
a) The application must include a request for an extension of time and reasons why the application was not made in time
b) Unless the Tribunal extends time for the application under Rule 5(3) the Tribunal must not admit the application.
787 of 791
What must the appeal application identify?
a) Identify the decision of the Tribunal to which it relates
b) Identify the alleged error or errors of law in the decision
c) State the result the party making the application is seeking
788 of 791
what rule governs the consideration of an app to appeal?
Rule 47
789 of 791
what rule governs the review of a decision?
rule 49
790 of 791
what does rule 50 say?
The Tribunal may treat an application for a decision to be correct/set aside / reviewed or for permission to appeal as an application for any one of those things.
791 of 791

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