Section 50(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Every inpatient order made in respect of a patient is sufficient authority for the person in charge of the hospital specified in the order—. Where, immediately before the commencement of this Act, any person was detained in a hospital under section 19 of the Mental Health Act 1969, the following provisions shall, subject to subsection (2) of this section, apply in respect of that person: if that person was received into the hospital within the period of 5 days immediately preceding the date of the commencement of this Act,—, that person shall be deemed for the purposes of this Act to be a patient who is subject to assessment and treatment in that hospital pursuant to a notice given under section 11; and. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Health Act 1983. Before the expiry of the first period of assessment and treatment, the responsible clinician shall record his or her findings in a certificate of further assessment, stating—, that he or she has carefully considered the statutory definition of mental disorder and the patient’s condition in relation to that definition; and, the patient is not mentally disordered; or. Section 132(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). The Director may from time to time direct that any special patient be transferred from any hospital in which the patient is detained to any other hospital specified in the direction, and may from time to time vary any such direction. • Service issues are outside the scope of the Guide. The expenses of any witness called by the court under this section must be met, in accordance with the prescribed scale of witnesses’ expenses, in the first instance from any appropriation by Parliament for the purpose. Section 2(1) health practitioner: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 47(3): amended, on 1 April 2000, by section 76 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Notwithstanding anything in the preceding provisions of this section, any patient who is absent without leave from a hospital may at any time while the patient is so absent be released from compulsory status in accordance with this Act. Where a patient is admitted or re-admitted to a hospital pursuant to a direction under subsection (1), that patient shall not, unless his or her leave is cancelled under section 50(3), be detained in that hospital for more than 72 hours. A District Court Judge or, if no Judge is available, a Registrar may issue a warrant authorising any constable to take a proposed patient or patient to the place specified in the warrant, if the Judge or Registrar is satisfied that—, the proposed patient or patient is refusing to attend at the place at which he or she is required to attend; or. Subject to subsection (15), the district inspector who receives a copy of the certificate of Tribunal review shall, after talking to the patient and ascertaining the patient’s wishes in the matter, consider whether or not an appeal should be made to the court against the Review Tribunal’s decision. A2001-14. Section 18(3): replaced, on 1 April 2000, by section 17 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). In most cases when people are treated in hospital or another mental health facility, they have agreed or volunteered to be there. Section 58: amended, on 1 April 2000, by section 36 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Notwithstanding subsection (3), every member of a Review Tribunal, and every deputy of any such member, shall, unless the member sooner dies, or resigns, or is removed from office under any of the preceding provisions of this section, continue in office until his or her successor is appointed notwithstanding the expiry of his or her term of office. Nothing in this section shall limit any other power of the court to hear proceedings in private or to exclude any person from the court. better manage the risk of special patients and restricted patients breaching section 52A. If the Director, whether from his or her own information and inquiries, or on reference of the case to him or her under subsection (1) or subsection (2), considers—, that, for that reason, it would be appropriate that an order be made under section 55 declaring the patient to be a restricted patient,—. 803) Sec. Ask your care co-ordinator, the nurses on your ward or hospital manager how you can get to see one. Before the court makes a community treatment order, it must be satisfied of the following: the service provides care and treatment on an outpatient basis that is appropriate to the needs of the patient. A person who is a special patient or a restricted patient must allow the collection of biometric information if directed by—, the Director of Area Mental Health Services; or. The court order or other instrument of authority shall remain in force in the same manner as if the patient had been ordered to be received in the hospital to which he or she is to be transferred. all letters and other postal packets withheld by the responsible clinician pursuant to section 123 or section 124. At the conclusion of the review, the responsible clinician shall record his or her findings in a certificate of clinical review, stating—, that in his or her opinion the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient; or. Read the Royal College of Psychiatrists' Q&A about being sectioned in England and Wales. The deputy of each member who is a barrister or solicitor shall also be a barrister or solicitor, and the deputy of each member who is a psychiatrist shall also be a psychiatrist. Section 23(5): replaced, on 1 April 2000, by section 19 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Subject to section 123, every patient is entitled to receive unopened any letter or other postal article addressed to the patient. MENTAL HEALTH ACT 2007 - As at 23 June 2020 - Act 8 of 2007 TABLE OF PROVISIONS Long Title CHAPTER 1 - PRELIMINARY 1.Name of Act 2.Commencement 3.Objects of Act 4. the Judge shall, unless the person is a special patient or is legally detained for some other cause, order that the person be discharged from the hospital forthwith. An MHT is an independent body that decides whether you should be discharged from hospital. appoint a Director of Area Mental Health Services to replace a previously appointed Director of Area Mental Health Services from time to time. A medical practitioner who needs assistance to conduct an assessment examination under subsection (2) may call for Police assistance under section 110C. Section 8B(3): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). It has a long and controversial history related to concerns about who has been detained and how the section was applied. If the health practitioner is of the opinion that the proposed patient is not mentally disordered, that person is free from further assessment and treatment under this Part (without prejudice to the making of a further application under section 8A in respect of the person at some time in the future). The Director may from time to time direct that any patient other than a special patient be transferred from any hospital or service in which the patient is detained to any other hospital or service specified in the direction, and may from time to time vary any such direction. The Tribunal may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings. This Act may be cited as the Mental Health (Compulsory Assessment and Treatment) Act 1992. Section 10(2)(d): amended, on 1 April 2000, by section 10(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The Tribunal shall order that a copy of a report given to a barrister or solicitor under subclause (3) shall not be given or shown to the person for whom the barrister or solicitor is acting if the Tribunal has reason to believe that such disclosure of the contents of the report may pose a serious threat to the health or safety of the patient or of any other person. 3. For the purposes of subsection (2) personal representative in respect of any patient means,—, where the patient is dead, the personal representative of that patient; or, where the patient is under the age of 16 years, the patient’s parent or guardian; or. Section 127A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). Section 28(3): amended, on 1 April 2000, by section 21(1)(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 116: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). In section 111, “medical practitioner” is modified to “mental health practitioner” in each place. Section 94(5): replaced, on 1 April 2000, by section 47 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The patient shall be present while the Tribunal makes any order upon the application unless—, the patient has been excused or excluded under subclause (2) or subclause (3); or. in respect of such locations as the Minister may specify in the instrument of appointment. The clinician must ensure that the following records are made: if the leave is for a period of up to 8 hours on 1 day between 8 am and 10 pm, the grant of leave, and its terms and conditions, must be recorded in the patient’s clinical records: if the leave is other than as described in paragraph (a), the grant of leave, and its terms and conditions, must be recorded—. Without limiting anything in subsection (1), the Review Tribunal shall review the patient’s condition on the application of the Director pursuant to subsection (5)(b) of section 78 or of the Minister of Health pursuant to subsection (6)(b)(ii) of that section. Section 99C: inserted, on 5 December 2006, by section 12 of the Crimes of Torture Amendment Act 2006 (2006 No 68). Definitions CHAPTER 2 - VOLUNTARY ADMISSION TO FACILITIES 5.Admission on own request 6.Voluntary admission of children 7.Voluntary admission of persons under guardianship 8.Discharge of voluntary patients 9. If the police find you in a public place and you appear to have a mental disorder and are in need of immediate care or control, they can take you to a place of safety (usually a hospital or sometimes the police station) and detain you there under Section 136. Every patient is entitled to seek a consultation with a psychiatrist of his or her own choice in order to get a second opinion, and, if the psychiatrist agrees to the consultation, he or she shall be permitted access to the patient upon request. The patient shall be present while the court makes any order upon the application unless—, the patient has been excused or excluded under subsection (2) or subsection (3); or. Section 47(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). Committees continued. Section 2(1) hospital: replaced, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93). The powers conferred on the Minister by the foregoing provisions of this section may, with the concurrence of the Minister of the Crown who is responsible for the Department of Corrections in each case, be exercised in respect of any special patient. Section 9(4): replaced, on 31 January 2018, by section 8(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). The modifications referred to in subsection (3)(c) are as follows: the assessment examination shall take place either—, in the institution within 48 hours after the receipt of the application; or. When you are detained, you have the right to appeal, and the right to get help from an independent advocate. Section 77(3)(a)(iii): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). The district inspector or the official visitor may sign any such registers, records, and books under the last entry. Any witness shall withdraw from the Tribunal if asked to do so by the convener. Wherever practicable, an assessment examination of a proposed patient who is under the age of 17 years shall be conducted by a psychiatrist practising in the field of child psychiatry. If the patient or other complainant is not satisfied with the outcome of the complaint to the district inspector or the official visitor, he or she may refer the case to the Review Tribunal for further investigation; and, in any such case, the provisions of subsection (2), with any necessary modifications, shall apply. Section 48(1)(d)(iv): inserted, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68). Section 41: replaced, on 1 April 2000, by section 30 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 2AA: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). standards of care and treatment of patients. Focus of reform under the Act. a reference to a person means a person who—, is detained in a hospital, either following an application under section 45(2) or under section 46 of this Act or under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or. Section 94(1): replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23). Except during the period of 1 month referred to in subsection (1), no patient shall be required to accept any treatment unless—, the patient, having had the treatment explained to him or her in accordance with section 67, consents in writing to the treatment; or. Section 115A: inserted, on 1 April 2000, by section 65 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). With permission from your relative, doctors may discuss the treatment plan with you. Section 114: replaced, on 1 April 2000, by section 65 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Every notice under section 11 or section 13 requiring a patient to attend at a hospital for the purpose of assessment and treatment as an inpatient is sufficient authority for the person in charge of the hospital—, to admit the patient to the hospital; and. MENTAL HEALTH THE MENTAL HEALTH ACT AC~S 6 of 1997, 1 of 2006 7th Seh., 12 of 2009 [I st September, 1999.1 3rd Sch., 7 201 I Seh. A special patient who contravenes subsection (2) must be treated as having escaped. When the court makes an order under this section, it shall give or send a copy of the order to the patient. This section replaces section 10 in the Mental Health Act 1986. Section 109A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). Section 45(1) superintendent paragraph (c): inserted, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68). The responsible clinician shall conduct a formal review of the condition of every special patient who is detained in a hospital pursuant to an order of a court made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003—. Act No. in relation to a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014, means the residence manager within the meaning of that Act. Without limiting anything in subclause (1), where the patient is present and appears capable of addressing the Tribunal, the Tribunal shall give the patient an opportunity to do so; and, in any such case, the Tribunal may, if it thinks it desirable to do so, require any parent or guardian of the patient, or any other person with whom the patient is living, or any barrister or solicitor representing any such parent, guardian, or other person, to withdraw from the Tribunal while the patient is addressing the Tribunal. Any consent given by the patient for the purposes of section 59 or section 60 or section 61 may be withdrawn at any time by the patient; and thereafter any further treatment given to the patient shall be deemed (unless the patient gives fresh consent) to be given without the patient’s consent. Section 41(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). that in his or her opinion the patient is still unfit to stand trial and should continue to be subject to the order of detention as a special patient: in every case, the responsible clinician shall send a copy of the certificate of clinical review to—. Every review under this section of a patient’s condition shall, wherever practicable, having regard to the time in which that review is required to be conducted, and to the availability of Judges and other personnel and resources, be conducted by a Family Court Judge. It requires only one medical recommendation from a doctor and the application is usually by an Approved Mental Health Professional, on very rare occasions it can be applied by the Nearest Relative. The enactments specified in Schedule 2 are hereby repealed. In respect of any patient or proposed patient who is under the age of 17 years, the other provisions of this Act shall be read subject to the provisions of this Part. is subject to a sentence of imprisonment for life or to a sentence of preventive detention. Section 6: replaced, on 1 April 2000, by section 6 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). the Director may apply to the court for an order under section 55 declaring the patient to be a restricted patient. The responsible clinician may from time to time extend any such period of leave for a further period not exceeding 3 months at any one time; but no patient shall be on leave under this section for a continuous period of more than 6 months. As if they had been conferred on it, by subclause ( 8 ), “ medical ”... F ) shall have all such other functions as are conferred on it, by section of. Care within the meaning of the Mental Health practitioner is asked, by section of... 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