MHA 1983 s58
For details, see Compulsory treatment.
Changes made by Mental Health Act 2007
- Additional safeguards for ECT introduced in new s58A 3/11/08
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention 3/11/08
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.
- R (B) v Dr SS  EWCA Civ 28 — MENTAL HEALTH — Compulsory detention — Consent to treatment — Convicted rapist detained in secure mental hospital — Refusal to consent to treatment — Whether compulsory treatment in breach of human rights — Mental Health Act 1983 (c 20), s 58 — Human Rights Act 1998, Sch 1, Pt I, arts 3, 8, 14. The compulsory treatment of a mental patient under s58(3)(b) of the Mental Health Act 1983 did not infringe the patient’s human rights under arts 3, 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Provided such treatment was medically necessary, it was not necessary also to show that it was required to prevent the patient causing harm to himself or others.
[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, 16. Medical treatment for patients in hospital, etc (Part 4) — paragraphs 16.24 to 16.39 (and table 16.6)
- Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act, 24. Treatments subject to special rules and procedures
Treatment requiring consent or a second opinion
58.—(1) This section applies to the following forms of medical treatment for mental disorder—
- (a) such forms of treatment as may be specified for the purposes of this section by regulations made by the Secretary of State;
- (b) the administration of medicine to a patient by any means (not being a form of treatment specified under paragraph (a) above or section 57 above [or section 58A(1)(b) below]) at any time during a period for which he is liable to be detained as a patient to whom this Part of this Act applies if three months or more have elapsed since the first occasion in that period when medicine was administered to him by any means for his mental disorder.
(2) The Secretary of State may by order vary the length of the period mentioned in subsection (1)(b) above.
(3) Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless—
- (a) he has consented to that treatment and either the [approved clinician in charge of it] or a registered medical practitioner appointed for the purposes of this Part of this Act by [the regulatory authority] has certified in writing that the patient is capable of understanding its nature, purpose and likely effects and has consented to it; or
- (b) a registered medical practitioner appointed as aforesaid (not being the [responsible clinician or the approved clinician in charge of the treatment in question]) has certified in writing that the patient is not capable of understanding the nature, purpose and likely effects of that treatment or [being so capable] has not consented to it but that [it is appropriate for the treatment to be given.]
(4) Before giving a certificate under subsection (3)(b) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment [but, of those persons—
- (a) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and
- (b) neither shall be the responsible clinician or the approved clinician in charge of the treatment in question.]
(5) Before making any regulations for the purposes of this section the Secretary of State shall consult such bodies as appear to him to be concerned.
- Mental Health Act 2007 s6, s12, s28; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
- Health and Social Care Act 2008 sch 3; Health and Social Care Act 2008 (Commencement No 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 wef 1/4/09