A Bill is currently being drafted to reduce the burden on the SOAD service by altering the certificate requirement for CTO patients: where the RC certifies that the patient has capacity there would be no need for a SOAD second opinion (source: Dr Simon Wood, lead SOAD, North East MH Law Conference, 10/6/11). The Bill has not yet been published.
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.
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[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]
Section 64B: supplemental
[64C.—(1) This section has effect for the purposes of section 64B above.
(2) There is authority to give treatment to a patient if—
(3) Relevant treatment is section 58 type treatment or section 58A type treatment if, at the time when it is given to the patient, section 58 or 58A above (respectively) would have applied to it, had the patient remained liable to be detained at that time (rather than being a community patient).
(4) The certificate requirement is met in respect of treatment to be given to a patient if—
[(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the patient has capacity to consent to the treatment and has consented to it.
(4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type treatment.]
(5) In a case where the treatment is section 58 type treatment, treatment is immediately necessary if—
(6) In a case where the treatment is section 58A type treatment by virtue of subsection (1)(a) of that section, treatment is immediately necessary if it falls within paragraph (a) or (b) of subsection (5) above.
(7) In a case where the treatment is section 58A type treatment by virtue of subsection (1)(b) of that section, treatment is immediately necessary if it falls within such of paragraphs (a) to (d) of subsection (5) above as may be specified in regulations under that section.
(8) For the purposes of subsection (7) above, the regulations—
(9) Subsection (3) of section 62 above applies for the purposes of this section as it applies for the purposes of that section.]