MHA 1983 s56
Revision as of 21:37, 3 December 2011 by Jonathan
For details, see Compulsory treatment.
Change made by Mental Health Act 2007
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[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) [Note that the chapter number relates to the old Reference Guide] — paragraph 16.2
- Mental Health Act 1983 Code Of Practice for England, 5. Emergency applications for detention, 23. Medical treatment under the Act
Patients to whom Part 4 applies
[56.—(1) Section 57 and, so far as relevant to that section, sections 59 to 62 below apply to any patient.
(2) Subject to that and to subsection (5) below, this Part of this Act applies to a patient only if he falls within subsection (3) or (4) below.
(3) A patient falls within this subsection if he is liable to be detained under this Act but not if—
- (a) he is so liable by virtue of an emergency application and the second medical recommendation referred to in section 4(4)(a) above has not been given and received;
- (b) he is so liable by virtue of section 5(2) or (4) or 35 above or section 135 or 136 below or by virtue of a direction for his detention in a place of safety under section 37(4) or 45A(5) above; or
- (c) he has been conditionally discharged under section 42(2) above or section 73 or 74 below and he is not recalled to hospital.
(4) A patient falls within this subsection if—
- (a) he is a community patient; and
- (b) he is recalled to hospital under section 17E above.
(5) Section 58A and, so far as relevant to that section, sections 59 to 62 below also apply to any patient who—
- (a) does not fall within subsection (3) above;
- (b) is not a community patient; and
- (c) has not attained the age of 18 years.]