MHA 1983 s61

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part IV contents

56, 57, 58, 58A, 59, 60, 61, 62, 62A, 63, 64

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

For details, see Compulsory treatment.

Changes made by Mental Health Act 2007

Related cases

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.

Extension:DynamicPageList (DPL), version 3.0.11: Warning: No results.

See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Review of treatment

61.—(1) Where a patient is given treatment in accordance with section 57(2)[, 58(3)(b) or 58A(4) or (5)][1] above[, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section),][1] [that falls within section 64C(4) below][2] a report on the treatment and the patient’s condition shall be given [by the approved clinician in charge of the treatment][1] to the [the regulatory authority][3]

(a) on the next occasion on which the [responsible clinician][1] furnishes a report [under section 20(3) [, 20A(4) or 21B(2) above in respect][1] of the patient];[4] and
(b) at any other time if so required by the [the regulatory authority].[3]

(2) In relation to a patient who is subject to a restriction order[, limitation direction][5] or restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made—

(a) in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period;
(b) in the case of treatment at any subsequent time, on the next occasion on which the [responsible clinician][1] makes a report in respect of the patient under section 41(6)[, 45B(3)][5] or 49(3) above.

(3) The [the regulatory authority][3] may at any time give notice [...][1] directing that, subject to section 62 below, a certificate given in respect of a patient under section. 57(2)[, 58(3)(b) or 58A(4) or (5)][1] above shall not apply to treatment given to him [(whether in England or Wales)][3] after a date specified in the notice and sections 57[, 58 and 58A][1] above shall then apply to any such treatment as if that certificate had not been given.

[(3A) The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.][1]

Amendments

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Mental Health Act 2007 s12, s28, s34, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. Health and Social Care Act 2012 s299(7); Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 (1/6/12)
  3. 3.0 3.1 3.2 3.3 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
  4. Mental Health (Patients in the Community) Act 1995
  5. 5.0 5.1 Crime (Sentences) Act 1997