MHA 1983 s17E
Change made by Mental Health Act 2007
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 15. Supervised Community Treatment
- Mental Health Act 1983 Code Of Practice for England, 25. Supervised community treatment
Power to recall to hospital
[17E.—(1) The responsible clinician may recall a community patient to hospital if in his opinion—
- (a) the patient requires medical treatment in hospital for his mental disorder; and
- (b) there would be a risk of harm to the health or safety of the patient or to other persons if the patient were not recalled to hospital for that purpose.
(2) The responsible clinician may also recall a community patient to hospital if the patient fails to comply with a condition specified under section 17B(3) above.
(3) The hospital to which a patient is recalled need not be the responsible hospital.
(4) Nothing in this section prevents a patient from being recalled to a hospital even though he is already in the hospital at the time when the power of recall is exercised; references to recalling him shall be construed accordingly.
(5) The power of recall under subsections (1) and (2) above shall be exercisable by notice in writing to the patient.
(6) A notice under this section recalling a patient to hospital shall be sufficient authority for the managers of that hospital to detain the patient there in accordance with the provisions of this Act.]