Index
| Author | Michael Butler |
| Pages | 345-355 |
Index
References are to page numbers
A & E departments 66 Abbreviations 6–7 Abnormally aggressive behaviour 28 Absence without leave (AWOL) 62–4 offence of assisting patients 282 Admission procedure 41 properly completed application 52, 73 role of the AMHP
appropriate competence and professional requirement 41–2 arrangements to assess the
patient 42 arranging admission 45 arranging the medical recommendation 43–4 deciding on admission 44–5 duty to inform/consult
nearest relative 43, 47, 48–50 duty to interview the patient 42–3 role of the nearest relative consequences of an objection
by nearest relative 49–50 delegation of nearest
relative’s powers 46 displacement of nearest
relative 46–7, 213 failure to consult 49 identity of nearest relative 45–6 right to be consulted 48–9 right to be informed 47–8 right to make the application
for admission 47 role of the registered medical practitioner 50–2
urgent admissions for treatment 53–5 Advance planning 236–8 After-care
charging for services 193–4 community or social care 187–8, 195–6 definition 188–9 duty in respect of discharge
planning 190–1 eligibility 187 duration of entitlement 192–3 effect of re-admission to
hospital 193 when the entitlement arises 189–91 health care 187–8, 194–5 leave under section 17, MHA
1983 189–90 prisoners 194 relevant clinical commissioning
group or local social services authority 191–2 Aggressive behaviour 28 Alcohol dependency 28–9 AMPH see Approved mental
health practitioner (AMPH)
Anorexia 230 Appropriate treatment test 14, 37–8 Approved clinicians: holding
powers 66–8 Approved mental health
practitioner (AMPH) 14, 38–9 appropriate competence and professional requirement 41–2 arrangements to assess the
patient 42
346 A Practitioner’s Guide to Mental Health Law
Approved mental health practitioner
(AMPH) (continued)
arranging admission 45 arranging the medical
recommendation 43–4
deciding on admission 44–5
decision to impose a
community treatment order 199
duty to inform/consult nearest
relative 43
duty to interview the patient 42–3
gaining access to premises for
assessment 57–9 guardianship applications 213, 214 Assessment
at a place of safety 61–2 detention for see Detention for
assessment gaining access to premises for 57–60
urgent admissions for 53–5
Assisted suicide 227 Authority to detain 73
Bail 274
Best interests 233–5 Best interests assessor’s (BIA) 254 Burden of proof: mental health
tribunals 157
Capacity
community treatment order
treatment provisions 206–7
see also Mental Capacity Act
2005
Care homes: deprivation of liberty safeguards 246 Challenging lawfulness of
detention
procedural lawfulness 133 habeas corpus 134–5 judicial review proceedings 135–7 substantive lawfulness 133, 137
MHTs see Mental health tribunals (MHTs)
Children and young people 261
Child and Adolescent Mental
Health Services (CAMHS) 261–2
community treatment orders 268 children who lack
competence 208–9
competent children 207–8 criminal courts: special
measures 284 Gillick-competence 263, 264, 266, 268 inherent jurisdiction of the High
Court 266–7 legal authority to admit and/or
treat 262 decisions authorised by
person with parental
authority 263–5 with the consent of the child
or young person 262–3
Mental Capacity Act 2005 225–6,
265–6, 267
Mental Health Act 1983 265, 267 nearest relative 268 secure accommodation orders 267–8 Civil admissions
legal criteria 33–9 procedure see Admission
procedure
Classification of mental disorder 24 Community care services 187–8, 195–6 Community orders: criminal
sentencing 279–80 Community treatment orders
(CTOs) 15, 88, 197 changes in legal status 144–5 children and young people 268 children who lack competence 208–9 competent children 207–8 conditions attached 201–2 decision to impose
agreement of the AMPH 199 criteria 198 patient’s consent 199 power of recall 198–9 discharge from 183, 204 alternative ways for CTO to
end 204–5
Deferred 166 effect of 200 eligibility 198
leave under section 17, MHA
1983 200 mental health tribunal powers 165–6 power of recall 165–6 recall to hospital 93 liability to 202–3 procedure 203 recommendation for 164–5 revocation 204 statutory criteria 165 treatment provisions 205 adults who lack capacity 206–7 adults with capacity 206 children who lack
competence 208–9 competent children 207–8 decision-making framework regarding treatment on a
CTO 205 following recall or
revocation 209–10 Conditional discharge 170–2, 175–6 deferred 172 Consent 21 community treatment orders 199 see also Treatment without
consent
Court of Protection 231, 237, 238 applications to 241–2 powers available 239 appointing deputies 240 making decisions 239–40 making declarations 239 role in deprivation of liberty
standards 257 Criminal court orders 97 guardianship orders 106–8 hospital directions see Hospital directions
hospital orders see Hospital
orders
pre-sentence
interim hospital orders 105–6 remand of accused person for
report on mental condition 103–4 remand of accused person to hospital for treatment 104–5
restriction orders see
Restriction orders
Criminal law 269 assessment and treatment
during criminal proceedings 103–5,
274–5
bail 274 decision to prosecute 271 evidential test 272–3 public interest test 273–4 detention in a police station 269–70 Domestic Violence, Crime and
Victims Act 2004 275...
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