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1983 c. 20
Be it enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Application of Act
Application of Act: “mental disorder”.
— (1) The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters. “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind and “mentally disordered” shall be construed accordingly;
“severe mental impairment” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned and “severely mentally impaired” shall be construed accordingly;
“mental impairment” means a state of arrested or incomplete development of mind (not amounting to severe mental impairment) which includes significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned and “mentally impaired” shall be construed accordingly;
“psychopathic disorder” means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned;
Compulsory Admission to Hospital and Guardianship
Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2) | |
Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2 | |
Admission for assessment.
— (1) A patient may be admitted to a hospital and detained there for the period allowed by subsection (4) below in pursuance of an application (in this Act referred to as “an application for admission for assessment”) made in accordance with subsections (2) and (3) below.(a)
he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and
(b)
he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.
Admission for treatment.
— (1) A patient may be admitted to a hospital and detained there for the period allowed by the following provisions of this Act in pursuance of an application (in this Act referred to as “an application for admission for treatment”) made in accordance with this section.(a)
he is suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and
(b)
in the case of psychopathic disorder or mental impairment, such treatment is likely to alleviate or prevent a deterioration of his condition; and
(c)
it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section.
(a)
such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) and (b) of that subsection; and
(b)
a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of that subsection, specifying whether other methods of dealing with the patient are available and, if so, why they are not appropriate.
Admission for assessment in cases of emergency.
— (1) In any case of urgent necessity, an application for admission for assessment may be made in respect of a patient in accordance with the following provisions of this section, and any application so made is in this Act referred to as “an emergency application”.(a)
the second medical recommendation required by section 2 above is given and received by the managers within that period; and
(b)
that recommendation and the recommendation referred to in subsection (3) above together comply with all the requirements of section 12 below (other than the requirement as to the time of signature of the second recommendation).
Application in respect of patient already in hospital.
— (1) An application for the admission of a patient to a hospital may be made under this Part of this Act notwithstanding that the patient is already an in-patient in that hospital or, in the case of an application for admission for treatment that the patient is for the time being liable to be detained in the hospital in pursuance of an application for admission for assessment; and where an application is so made the patient shall be treated for the purposes of this Part of this Act as if he had been admitted to the hospital at the time when that application was received by the managers.(a)
that the patient is suffering from mental disorder to such a degree that it is necessary for his health or safety or for the protection of others for him to be immediately restrained from leaving the hospital; and
(b)
that it is not practicable to secure the immediate attendance of a practitioner for the purpose of furnishing a report under subsection (2) above,
Effect of application for admission.
— (1) An application for the admission of a patient to a hospital under this Part of this Act, duly completed in accordance with the provisions of this Part of this Act, shall be sufficient authority for the applicant, or any person authorised by the applicant, to take the patient and convey him to the hospital at any time within the following period, that is to say—(a)
in the case of an application other than an emergency application, the period of 14 days beginning with the date on which the patient was last examined by a registered medical practitioner before giving a medical recommendation for the purposes of the application;
(b)
in the case of an emergency application, the period of 24 hours beginning at the time when the patient was examined by the practitioner giving the medical recommendation which is referred to in section 4(3) above, or at the time when the application is made, whichever is the earlier.
Application for guardianship.
— (1) A patient who has attained the age of 16 years may be received into guardianship, for the period allowed by the following provisions of this Act, in pursuance of an application (in this Act referred to as “a guardianship application”) made in accordance with this section.(a)
he is suffering from mental disorder, being mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is of a nature or degree which warrants his reception into guardianship under this section; and
(b)
it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received.
(a)
such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraph (a) of that subsection; and
(b)
a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (b) of that subsection.
Effect of guardianship application, etc.
— (1) Where a guardianship application, duly made under the provisions of this Part of this Act and forwarded to the local social services authority within the period allowed by subsection (2) below is accepted by that authority, the application shall, subject to regulations made by the Secretary of State, confer on the authority or person named in the application as guardian, to the exclusion of any other person—(a)
the power to require the patient to reside at a place specified by the authority or person named as guardian;
(b)
the power to require the patient to attend at places and times so specified for the purpose of medical treatment, occupation, education or training;
(c)
the power to require access to the patient to be given, at any place where the patient is residing, to any registered medical practitioner, approved social worker or other person so specified.
Regulations as to guardianship.
— (1) Subject to the provisions of this Part of this Act, the Secretary of State may make regulations—(a)
for regulating the exercise by the guardians of patients received into guardianship under this Part of this Act of their powers as such; and
(b)
for imposing on such guardians, and upon local social services authorities in the case of patients under the guardianship of persons other than local social services authorities, such duties as he considers necessary or expedient in the interests of the patients.
Transfer of guardianship in case of death, incapacity, etc., of guardian.
— (1) If any person (other than a local social services authority) who is the guardian of a patient received into guardianship under this Part of this Act—(a)
dies; or
(b)
gives notice in writing to the local social services authority that he desires to relinquish the functions of guardian,
General provisions as to applications.
— (1) Subject to the provisions of this section, an application for admission for assessment, an application for admission for treatment and a guardianship application may be made either by the nearest relative of the patient or by an approved social worker; and every such application shall specify the qualification of the applicant to make the application. General provisions as to medical recommendations.
— (1) The recommendations required for the purposes of an application for the admission of a patient under this Part of this Act (in this Act referred to as “medical recommendations”) shall be signed on or before the date of the application, and shall be given by practitioners who have personally examined the patient either together or separately, but where they have examined the patient separately not more than five days must have elapsed between the days on which the separate examinations took place.(a)
compliance with that subsection would result in delay involving serious risk to the health or safety of the patient; and
(b)
one of the practitioners giving the recommendations works at the hospital for less than half of the time which he is bound by contract to devote to work in the health service; and
(c)
where one of those practitioners is a consultant, the other does not work (whether at the hospital or elsewhere) in a grade in which he is under that consultant’s directions.
(a)
the applicant;
(b)
a partner of the applicant or of a practitioner by whom another medical recommendation is given for the purposes of the same application;
(c)
a person employed as an assistant by the applicant or by any such practitioner;
(d)
a person who receives or has an interest in the receipt of any payments made on account of the maintenance of the patient; or
(e)
except as provided by subsection (3) or (4) above, a practitioner on the staff of the hospital to which the patient is to be admitted,
"(e)
the person named as guardian in the application.".
Words in s. 12(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and with art. 3(4)-(10)) | |
Words in s. 12(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 63 (with Sch. 3 Pt. 1) | |
Words in s. 12(3) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 51 ; S.I. 2004/759, art. 2 | |
Words among those following s. 12(5)(e) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 26(1), 263, Sch. 27 para. 86(a) ; S.I. 2005/3175, art. 2(2) | |
S. 12(2): certain functions not to be exercisable by a Primary Care Trust (E.) (1.4.2002) by virtue of 2000/695, reg. 4(1), Sch. 4 (as amended by S.I. 2002/555, reg. 6(3)) | |
S. 12(2): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1 | |
Duty of approved social workers to make applications for admission or guardianship.
— (1) It shall be the duty of an approved social worker to make an application for admission to hospital or a guardianship application in respect of a patient within the area of the local social services authority by which that officer is appointed in any case where he is satisfied that such an application ought to be made and is of the opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him.Words in s. 14 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 4 ; S.I. 2005/394, art. 2(2)(g) ; S.I. 2006/885, art. 2(2)(h) | |
Rectification of applications and recommendations.
— (1) If within the period of 14 days beginning with the day on which a patient has been admitted to a hospital in pursuance of an application for admission for assessment or for treatment the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of the managers of the hospital, be amended by the person by whom it was signed; and upon such amendment being made the application or recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended.(a)
a fresh medical recommendation complying with the relevant provisions of this Part of this Act (other than the provisions relating to the time of signature and the interval between examinations) is furnished to the managers within that period; and
(b)
that recommendation, and the other recommendation on which the application is founded, together comply with those provisions.
Reclassification of patients.
— (1) If in the case of a patient who is for the time being detained in a hospital in pursuance of an application for admission for treatment, or subject to guardianship in pursuance of a guardianship application, it appears to the appropriate medical officer that the patient is suffering from a form of mental disorder other than the form or forms specified in the application, he may furnish to the managers of the hospital, or to the guardian, as the case may be, a report to that effect; and where a report is so furnished, the application shall have effect as if that other form of mental disorder were specified in it.(a)
in the case of a patient who is subject to the guardianship of a person other than a local social services authority, the nominated medical attendant of the patient; and
(b)
in any other case, the responsible medical officer.
Leave of absence from hospital.
— (1) The responsible medical officer may grant to any patient who is for the time being liable to be detained in a hospital under this Part of this Act leave to be absent from the hospital subject to such conditions (if any) as that officer considers necessary in the interests of the patient or for the protection of other persons.Words in s. 17(5) omitted (1.4.1996 with application as mentioned in s. 3(3) of the omitting Act)) by virtue of 1995 c. 52, ss. 3(1)(3), 7(2) | |
(a)
absents himself from the hospital without leave granted under section 17 above; or
(b)
fails to return to the hospital on any occasion on which, or at the expiration of any period for which, leave of absence was granted to him under that section, or upon being recalled under that section; or
(c)
absents himself without permission from any place where he is required to reside in accordance with conditions imposed on the grant of leave of absence under that section,
(a)
the end of the period of six months beginning with the first day of his absence without leave; and
(b)
the end of the period for which (apart from section 21 below) he is liable to be detained or subject to guardianship;
Regulations as to transfer of patients.
— (1) In such circumstances and subject to such conditions as may be prescribed by regulations made by the Secretary of State—(a)
a patient who is for the time being liable to be detained in a hospital by virtue of an application under this Part of this Act may be transferred to another hospital or into the guardianship of a local social services authority or of any person approved by such an authority;
(b)
a patient who is for the time being subject to the guardianship of a local social services authority or other person by virtue of an application under this Part of this Act may be transferred into the guardianship of another local social services authority or person, or be transferred to a hospital.
(a)
in the case of a patient who is liable to be detained in a hospital by virtue of an application for admission for assessment or for treatment and is transferred to another hospital, as if the application were an application for admission to that other hospital and as if the patient had been admitted to that other hospital at the time when he was originally admitted in pursuance of the application;
(b)
in the case of a patient who is liable to be detained in a hospital by virtue of such an application and is transferred into guardianship, as if the application were a guardianship application duly accepted at the said time;
(c)
in the case of a patient who is subject to guardianship by virtue of a guardianship application and is transferred into the guardianship of another authority or person, as if the application were for his reception into the guardianship of that authority or person and had been accepted at the time when it was originally accepted;
(d)
in the case of a patient who is subject to guardianship by virtue of a guardianship application and is transferred to a hospital, as if the guardianship application were an application for admission to that hospital for treatment and as if the patient had been admitted to the hospital at the time when the application was originally accepted.
Words in s. 19(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 64 (with Sch. 3 Pt. 1) | |
Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(2) | |
Words in s.19(3) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 52 ; S.I. 2004/759, art. 2 | |
Words in s. 19(3) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(3) (with art. 2(5)) | |
Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(2) | |
Duration of authority.
— (1) Subject to the following provisions of this Part of this Act, a patient admitted to hospital in pursuance of an application for admission for treatment, and a patient placed under guardianship in pursuance of a guardianship application, may be detained in a hospital or kept under guardianship for a period not exceeding six months beginning with the day on which he was so admitted, or the day on which the guardianship application was accepted, as the case may be, but shall not be so detained or kept for any longer period unless the authority for his detention or guardianship is renewed under this section.(a)
from the expiration of the period referred to in subsection (1) above, for a further period of six months;
(b)
from the expiration of any period of renewal under paragraph (a) above, for a further period of one year,
(a)
to examine the patient; and
(b)
if it appears to him that the conditions set out in subsection (4) below are satisfied, to furnish to the managers of the hospital where the patient is detained a report to that effect in the prescribed form;
(a)
the patient is suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment, and his mental disorder is of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and
(b)
such treatment is likely to alleviate or prevent a deterioration of his condition; and
(c)
it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and that it cannot be provided unless he continues to be detained;
(a)
to examine the patient; and
(b)
if it appears to him that the conditions set out in subsection (7) below are satisfied, to furnish to the guardian and, where the guardian is a person other than a local social services authority, to the responsible local social services authority a report to that effect in the prescribed form;
(a)
the patient is suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is of a nature or degree which warrants his reception into guardianship; and
(b)
it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should remain under guardianship.
[F14 21. he shall not cease to be so liable or subject until the relevant time. (2) For the purposes of subsection (1) above the relevant time—
Special provisions as to patients absent without leave.
— (1) Where a patient is absent without leave—(a)
on the day on which (apart from this section) he would cease to be liable to be detained or subject to guardianship under this Part of this Act; or
(b)
within the period of one week ending with that day,
(a)
where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be;
(b)
where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and
(c)
otherwise, is the end of the period during which he can be taken into custody under section 18 above.
Ss. 21, 21A, 21B substituted (1.4.1996) for s. 21 by 1995 c. 52, ss. 2(2), 7(2) | |
F15 21A. (2) Where the period for which the patient is liable to be detained or subject to guardianship is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20(3) or (6) above may be made and furnished within the period as so extended. (3) Where the authority for the detention or guardianship of the patient is renewed by virtue of subsection (2) above after the day on which (apart from section 21 above) that authority would have expired, the renewal shall take effect as from that day.
Patients who are taken into custody or return within 28 days.
— (1) This section applies where a patient who is absent without leave is taken into custody under section 18 above, or returns himself to the hospital or place where he ought to be, not later than the end of the period of 28 days beginning with the first day of his absence without leave.Ss. 21, 21A, 21B substituted (1.4.1996) for s. 21 by 1995 c. 52, ss. 2(2), 7(2) | |
F16 21B. (2) It shall be the duty of the appropriate medical officer, within the period of one week beginning with the day on which the patient is returned or returns himself to the hospital or place where he ought to be— and where such a report is furnished in respect of the patient the appropriate body shall cause him to be informed. (3) Where the patient is liable to be detained (as opposed to subject to guardianship), the appropriate medical officer shall, before furnishing a report under subsection (2) above, consult— (4) Where the patient would (apart from any renewal of the authority for his detention or guardianship on or after the day on which he is returned or returns himself to the hospital or place where he ought to be) be liable to be detained or subject to guardianship after the end of the period of one week beginning with that day, he shall cease to be so liable or subject at the end of that period unless a report is duly furnished in respect of him under subsection (2) above. (5) Where the patient would (apart from section 21 above) have ceased to be liable to be detained or subject to guardianship on or before the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall renew the authority for his detention or guardianship for the period prescribed in that case by section 20(2) above. (6) Where the authority for the detention or guardianship of the patient is renewed by virtue of subsection (5) above— (7) Where the authority for the detention or guardianship of the patient would expire within the period of two months beginning with the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall, if it so provides, have effect also as a report duly furnished under section 20(3) or (6) above; and the reference in this subsection to authority includes any authority renewed under subsection (5) above by the report. (8) Where the form of mental disorder specified in a report furnished under subsection (2) above is a form of disorder other than that specified in the application for admission for treatment or guardianship application concerned (and the report does not have effect as a report furnished under section 20(3) or (6) above), that application shall have effect as if that other form of mental disorder were specified in it. (9) Where on any occasion a report specifying such a form of mental disorder is furnished under subsection (2) above the appropriate medical officer need not on that occasion furnish a report under section 16 above. (10) In this section—
Patients who are taken into custody or return after more than 28 days.
— (1) This section applies where a patient who is absent without leave is taken into custody under section 18 above, or returns himself to the hospital or place where he ought to be, later than the end of the period of 28 days beginning with the first day of his absence without leave.(a)
to examine the patient; and
(b)
if it appears to him that the relevant conditions are satisfied, to furnish to the appropriate body a report to that effect in the prescribed form;
(a)
one or more other persons who have been professionally concerned with the patient’s medical treatment; and
(b)
an approved social worker.
(a)
the renewal shall take effect as from the day on which (apart from section 21 above and that subsection) the authority would have expired; and
(b)
if (apart from this paragraph) the renewed authority would expire on or before the day on which the report is furnished, the report shall further renew the authority, as from the day on which it would expire, for the period prescribed in that case by section 20(2) above.
“appropriate medical officer” has the same meaning as in section 16(5) above;
“the appropriate body” means— (a) in relation to a patient who is liable to be detained in a hospital, the managers of the hospital; and (b) in relation to a patient who is subject to guardianship, the responsible local social services authority; and
“the relevant conditions” means— (a) in relation to a patient who is liable to be detained in a hospital, the conditions set out in subsection (4) of section 20 above; and (b) in relation to a patient who is subject to guardianship, the conditions set out in subsection (7) of that section.]
Ss. 21, 21A, 21B substituted (1.4.1996) for s. 21 by 1995 c. 52, ss. 2(2), 7(2) | |
(a)
if apart from this subsection the patient would have ceased to be liable to be so detained or subject to guardianship on or before the day on which he is discharged from custody, he shall not cease and shall be deemed not to have ceased to be so liable or subject until the end of that day; and
(b)
in any case, sections 18 [F17 , 21 and 21A] above shall apply in relation to the patient as if he had absented himself without leave on that day.
Discharge of patients.
— (1) Subject to the provisions of this section and section 25 below, a patient who is for the time being liable to be detained or subject to guardianship under this Part of this Act shall cease to be so liable or subject if an order in writing discharging him from detention or guardianship (in this Act referred to as “an order for discharge” is made in accordance with this section.(a)
where the patient is liable to be detained in a hospital in pursuance of an application for admission for assessment or for treatment by the responsible medical officer, by the managers or by the nearest relative of the patient;
(b)
where the patient is subject to guardianship, by the responsible medical officer, by the responsible local social services authority or by the nearest relative of the patient.
(a)
in the case of [F27 a [F28 Health Authority, Special Health Authority or Primary Care Trust]] or a committee or sub-committee of [F27 a [F28 Health Authority, Special Health Authority or Primary Care Trust]], is a reference only to the chairman of the authority [F29 or trust]and such members (of the authority [F29 , trust], committee or sub-committee, as the case may be) as are not also officers of the authority [F29 or trust], within the meaning of [F30 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] ; and
Words in s. 23(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10)) | |
Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(3)(a) | |
Words in s. 23(3) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 107(2)(a) | |
Words in s. 23(3) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 53(a) ; S.I. 2004/759,art. 2 | |
Words in s. 23(3) substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(4)(a) (with art. 2(5)) | |
Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(3)(b) | |
Words in s. 23(4) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 53(b) ; S.I. 2004/759, art. 2 | |
S.23(5) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(3)(c) | |
Words in s. 23(5)(a) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 107(2)(b) | |
Words in s. 23(5)(a) substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(4)(b)(i) (with art. 2(5)) | |
Words in s. 23(5)(a) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(4)(b)(ii)(iii) (with art. 2(5)) | |
Words in s. 22(5)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 65 (with Sch. 3 Pt. 1) | |
S. 23(6) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 53(c) ; S.I. 2004/759, art. 2 | |
Visiting and examination of patients.
— (1) For the purpose of advising as to the exercise by the nearest relative of a patient who is liable to be detained or subject to guardianship under this Part of this Act of any power to order his discharge, any registered medical practitioner authorised by or on behalf of the nearest relative of the patient may, at any reasonable time, visit the patient and examine him in private.(a)
(b)
any other person (whether a registered medical practitioner or not) authorised under [F37 Part II of the Care Standards Act 2000] to inspect the home,
Words in s. 24(2)(4) inserted (1.4.1996) by 1995 c .52, ss. 1(2), 7(2), Sch. 1, para. 1 | |
Words in s. 24(3) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1), Sch. 1, Pt. III, para. 107(3) (with ss. 2(3), 8) | |
Words in s. 24(3) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(5) (with art. 2(5)) | |
Words in s. 24(3) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 54 ; S.I. 2004/759, art.2 | |
Words in s. 24(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10)) | |
Words in s. 24(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(3); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10)) | |
Restrictions on discharge by nearest relative.
— (1) An order for the discharge of a patient who is liable to be detained in a hospital shall not be made by his nearest relative except after giving not less than 72 hours’ notice in writing to the managers of the hospital; and if, within 72 hours after such notice has been given, the responsible medical officer furnishes to the managers a report certifying that in the opinion of that officer the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself—(a)
any order for the discharge of the patient made by that relative in pursuance of the notice shall be of no effect; and
(b)
no further order for the discharge of the patient shall be made by that relative during the period of six months beginning with the date of the report.
[F38 After-care under supervision
Ss. 25A-25J inserted (1.4.1996) by 1995 c. 52, ss. 1(1), 7(2) | |
F39 25A. an application may be made for him to be supervised after he leaves hospital, for the period allowed by the following provisions of this Act, with a view to securing that he receives the after-care services provided for him under section 117 below. (2) In this Act an application for a patient to be so supervised is referred to as a “supervision application”; and where a supervision application has been duly made and accepted under this Part of this Act in respect of a patient and he has left hospital, he is for the purposes of this Act “subject to after-care under supervision”(until he ceases to be so subject in accordance with the provisions of this Act). (3) A supervision application shall be made in accordance with this section and sections 25B and 25C below. (4) A supervision application may be made in respect of a patient only on the grounds that— (5) A supervision application may be made only by the responsible medical officer. (6) A supervision application in respect of a patient shall be addressed to the [F40 Primary Care Trust or] Health Authority which will have the duty under section 117 below to provide after-care services for the patient after he leaves hospital. (7) Before accepting a supervision application in respect of a patient a [F40 Primary Care Trust or]Health Authority shall consult the local social services authority which will also have that duty. (8) Where a [F40 Primary Care Trust or]Health Authority accept a supervision application in respect of a patient the [F40 Primary Care Trust or] Health Authority shall— (9) Where a patient in respect of whom a supervision application is made is granted leave of absence from a hospital under section 17 above (whether before or after the supervision application is made), references in— to his leaving hospital shall be construed as references to his period of leave expiring (otherwise than on his return to the hospital or transfer to another hospital).
Application for supervision.
— (1) Where a patient—(a)
is liable to be detained in a hospital in pursuance of an application for admission for treatment; and
(b)
has attained the age of 16 years,
(a)
he is suffering from mental disorder, being mental illness, severe mental impairment, psychopathic disorder or mental impairment;
(b)
there would be a substantial risk of serious harm to the health or safety of the patient or the safety of other persons, or of the patient being seriously exploited, if he were not to receive the after-care services to be provided for him under section 117 below after he leaves hospital; and
(c)
his being subject to after-care under supervision is likely to help to secure that he receives the after-care services to be so provided.
(a)
inform the patient both orally and in writing— (i) that the supervision application has been accepted; and (ii) of the effect in his case of the provisions of this Act relating to a patient subject to after-care under supervision (including, in particular, what rights of applying to a Mental Health Review Tribunal are available);
(b)
inform any person whose name is stated in the supervision application in accordance with sub-paragraph (i) of paragraph (e) of section 25B(5) below that the supervision application has been accepted; and
(c)
inform in writing any person whose name is so stated in accordance with sub-paragraph (ii) of that paragraph that the supervision application has been accepted.
(a)
this section and the following provisions of this Part of this Act; and
(b)
Part V of this Act,
Ss. 25A-25J inserted (1.4.1996) by 1995 c. 52, ss. 1(1), 7(2) | |
Words in s. 25A inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 43; S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4) | |
S. 25A applied (with modifications) (1.4.1996) by S.I. 1996/295, reg. 2, Sch. | |
S. 25A(6)-(8): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2 | |
F41 Making of supervision application.
— (1) The responsible medical officer shall not make a supervision application unless—(a)
subsection (2) below is complied with; and
(b)
the responsible medical officer has considered the matters specified in subsection (4) below.
(a)
the following persons have been consulted about the making of the supervision application— (i) the patient; (ii) one or more persons who have been professionally concerned with the patient’s medical treatment in hospital; (iii) one or more persons who will be professionally concerned with the after-care services to be provided for the patient under section 117 below; and (iv) any person who the responsible medical officer believes will play a substantial part in the care of the patient after he leaves hospital but will not be professionally concerned with any of the after-care services to be so provided;
(b)
such steps as are practicable have been taken to consult the person (if any) appearing to be the nearest relative of the patient about the making of the supervision application; and
(c)
the responsible medical officer has taken into account any views expressed by the persons consulted.
(a)
the patient has a propensity to violent or dangerous behaviour towards others; and
(b)
the responsible medical officer considers that it is appropriate for steps such as are mentioned in that paragraph to be taken.
(a)
the after-care services to be provided for the patient under section 117 below; and
(b)
any requirements to be imposed on him under section 25D below.
(a)
that the patient is liable to be detained in a hospital in pursuance of an application for admission for treatment;
(b)
the age of the patient or, if his exact age is not known to the applicant, that the patient is believed to have attained the age of 16 years;
(c)
that in the opinion of the applicant (having regard in particular to the patient’s history) all of the conditions set out in section 25A(4) above are complied with;
(d)
the name of the person who is to be the community responsible medical officer, and of the person who is to be the supervisor, in relation to the patient after he leaves hospital; and
(e)
the name of— (i) any person who has been consulted under paragraph (a)(iv) of subsection (2) above; and (ii) any person who has been consulted under paragraph (b) of that subsection.
(a)
the written recommendation in the prescribed form of a registered medical practitioner who will be professionally concerned with the patient’s medical treatment after he leaves hospital or, if no such practitioner other than the responsible medical officer will be so concerned, of any registered medical practitioner; and
(b)
the written recommendation in the prescribed form of an approved social worker.
(a)
a statement in writing by the person who is to be the community responsible medical officer in relation to the patient after he leaves hospital that he is to be in charge of the medical treatment provided for the patient as part of the after-care services provided for him under section 117 below;
(b)
a statement in writing by the person who is to be the supervisor in relation to the patient after he leaves hospital that he is to supervise the patient with a view to securing that he receives the after-care services so provided;
(c)
details of the after-care services to be provided for the patient under section 117 below; and
(d)
details of any requirements to be imposed on him under section 25D below.
(a)
inform the patient both orally and in writing;
(b)
inform any person who has been consulted under paragraph (a)(iv) of subsection (2) above; and
(c)
inform in writing any person who has been consulted under paragraph (b) of that subsection,
(a)
that the application is being made;
(b)
the after-care services to be provided for the patient under section 117 below;
(c)
any requirements to be imposed on him under section 25D below; and
(d)
the name of the person who is to be the community responsible medical officer, and of the person who is to be the supervisor, in relation to the patient after he leaves hospital.
F42 25C. (2) A supervision application shall be of no effect unless the patient is described in the application and the recommendation under section 25B(6)(a) above accompanying it as suffering from the same form of mental disorder, whether or not he is also described in the application or the recommendation as suffering from another form. (3) A registered medical practitioner may at any reasonable time visit a patient and examine him in private for the purpose of deciding whether to make a recommendation under section 25B(6)(a) above. (4) An approved social worker may at any reasonable time visit and interview a patient for the purpose of deciding whether to make a recommendation under section 25B(6)(b) above. (5) For the purpose of deciding whether to make a recommendation under section 25B(6) above in respect of a patient, a registered medical practitioner or an approved social worker may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital or to any after-care services provided for the patient under section 117 below. (6) If, within the period of 14 days beginning with the day on which a supervision application has been accepted, the application, or any recommendation accompanying it, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of the [F43 Primary Care Trust or]Health Authority which accepted the application, be amended by the person by whom it was made or given. (7) Where an application or recommendation is amended in accordance with subsection (6) above it shall have effect, and shall be deemed to have had effect, as if it had been originally made or given as so amended. (8) A supervision application which appears to be duly made and to be accompanied by recommendations under section 25B(6) above may be acted upon without further proof of— (9) A recommendation under section 25B(6) above accompanying a supervision application in respect of a patient shall not be given by— (10) In subsection (9)(c) above “close relative” means husband, wife [F44 , civil partner] , father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law.
Supervision applications: supplementary.
— (1) Subject to subsection (2) below, a supervision application, and the recommendation under section 25B(6)(a) above accompanying it, may describe the patient as suffering from more than one of the following forms of mental disorder, namely, mental illness, severe mental impairment, psychopathic disorder and mental impairment.(a)
the signature or qualification of the person by whom the application or any such recommendation was made or given; or
(b)
any matter of fact or opinion stated in the application or recommendation.
(a)
the responsible medical officer;
(b)
a person who receives or has an interest in the receipt of any payments made on account of the maintenance of the patient; or
(c)
a close relative of the patient, of any person mentioned in paragraph (a) or (b) above or of a person by whom the other recommendation is given under section 25B(6) above for the purposes of the application.
Ss. 25A-25J inserted (1.4.1996) by 1995 c. 52, ss. 1(1), 7(2) | |
Words in s. 25C(6) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 44; S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4) | |
Words in s. 25C(10) inserted (5.12.2005) by Civil Partnership Act 2004 (c.. 33), ss. 26(1), 263, Sch. 27 para. 86(b) ; S.I. 2005/3175, art. 2(2) | |
S. 25C applied (with modifications) (1.4.1996) by S.I. 1996/295, reg. 2, Sch. | |
S. 25C(6): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2 | |
F45 25D. (2) In this Act “the responsible after-care bodies”, in relation to a patient, means the bodies which have (or will have) the duty under section 117 below to provide after-care services for the patient. (3) The requirements referred to in subsection (1) above are— (4) A patient subject to after-care under supervision may be taken and conveyed by, or by any person authorised by, the supervisor to any place where the patient is required to reside or to attend for the purpose of medical treatment, occupation, education or training. (5) A person who demands— shall, if asked to do so, produce some duly authenticated document to show that he is a person entitled to be given access to, or to take and convey, the patient.
Requirements to secure receipt of after-care under supervision.
— (1) Where a patient is subject to after-care under supervision (or, if he has not yet left hospital, is to be so subject after he leaves hospital), the responsible after-care bodies have power to impose any of the requirements specified in subsection (3) below for the purpose of securing that the patient receives the after-care services provided for him under section 117 below.(a)
that the patient reside at a specified place;
(b)
that the patient attend at specified places and times for the purpose of medical treatment, occupation, education or training; and
(c)
that access to the patient be given, at any place where the patient is residing, to the supervisor, any registered medical practitioner or any approved social worker or to any other person authorised by the supervisor.
(a)
to be given access to a patient in whose case a requirement has been imposed under subsection (3)(c) above; or
(b)
to take and convey a patient in pursuance of subsection (4) above,
Ss. 25A-25J inserted (1.4.1996) by 1995 c. 52, ss. 1(1), 7(2) | |
S. 25D applied (with modifications) (1.4.1996) by S.I. 1996/295, reg. 2, Sch. | |
S. 25D(1): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue S.I. 2000/695, reg. 3(2)(b), Sch. 2 | |
F46 25E. (2) This subsection applies in relation to a patient who is subject to after-care under supervision where he refuses or neglects— (3) Where subsection (2) above applies in relation to a patient, the responsible after-care bodies shall review, and (where appropriate) modify— (4) Where subsection (2) above applies in relation to a patient, the responsible after-care bodies shall also— (5) The responsible after-care bodies shall not modify— unless subsection (6) below is complied with. (6) This subsection is complied with if— (7) Where the patient has requested that paragraph (c) of subsection (6) above should not apply, that paragraph shall not apply unless— (8) Where the responsible after-care bodies modify the after-care services provided (or to be provided) for the patient under section 117 below or any requirements imposed on him under section 25D above, they shall— that the modifications have been made. (9) Where— the responsible after-care bodies shall comply with subsection (11) below. (10) Where— the responsible after-care bodies shall comply with subsection (11) below. (11) The responsible after-care bodies comply with this subsection if they— of the name of the person who becomes the community responsible medical officer or the supervisor.
Review of after-care under supervision etc.
— (1) The after-care services provided (or to be provided) under section 117 below for a patient who is (or is to be) subject to after-care under supervision, and any requirements imposed on him under section 25D above, shall be kept under review, and (where appropriate) modified, by the responsible after-care bodies.(a)
to receive any or all of the after-care services provided for him under section 117 below; or
(b)
to comply with any or all of any requirements imposed on him under section 25D above.
(a)
the after-care services provided for him under section 117 below; and
(b)
any requirements imposed on him under section 25D above.
(a)
consider whether it might be appropriate for him to cease to be subject to after-care under supervision and, if they conclude that it might be, inform the community responsible medical officer; and
(b)
consider whether it might be appropriate for him to be admitted to a hospital for treatment and, if they conclude that it might be, inform an approved social worker.
(a)
the after-care services provided (or to be provided) under section 117 below for a patient who is (or is to be) subject to after-care under supervision; or
(b)
any requirements imposed on him under section 25D above,
(a)
the patient has been consulted about the modifications;
(b)
any person who the responsible after-care bodies believe plays (or will play) a substantial part in the care of the patient but is not (or will not be) professionally concerned with the after-care services provided for the patient under section 117 below has been consulted about the modifications;
(c)
such steps as are practicable have been taken to consult the person (if any) appearing to be the nearest relative of the patient about the modifications; and
(d)
the responsible after-care bodies have taken into account any views expressed by the persons consulted.
(a)
the patient has a propensity to violent or dangerous behaviour towards others; and
(b)
the community responsible medical officer (or the person who is to be the community responsible medical officer) considers that it is appropriate for steps such as are mentioned in that paragraph to be taken.
(a)
inform the patient both orally and in writing;
(b)
inform any person who has been consulted under paragraph (b) of subsection (6) above; and
(c)
inform in writing any person who has been consulted under paragraph (c) of that subsection,
(a)
a person other than the person named in the supervision application becomes the community responsible medical officer when the patient leaves hospital; or
(b)
when the patient is subject to after-care under supervision, one person ceases to be, and another becomes, the community responsible medical officer,
(a)
a person other than the person named in the supervision application becomes the supervisor when the patient leaves hospital; or
(b)
when the patient is subject to after-care under supervision, one person ceases to be, and another becomes, the supervisor,
(a)
inform the patient both orally and in writing;
(b)
inform any person who they believe plays a substantial part in the care of the patient but is not professionally concerned with the after-care services provided for the patient under section 117 below; and
(c)
unless the patient otherwise requests, take such steps as are practicable to inform in writing the person (if any) appearing to be the nearest relative of the patient,
F47 25F. (2) Where a report is so furnished the supervision application shall have effect as if that other form of mental disorder were specified in it. (3) Unless no-one other than the community responsible medical officer is professionally concerned with the patient’s medical treatment, he shall consult one or more persons who are so concerned before furnishing a report under subsection (1) above. (4) Where a report is furnished under subsection (1) above in respect of a patient, the responsible after-care bodies shall— that the report has been furnished.
Reclassification of patient subject to after-care under supervision.
— (1) If it appears to the community responsible medical officer that a patient subject to after-care under supervision is suffering from a form of mental disorder other than the form or forms specified in the supervision application made in respect of the patient, he may furnish a report to that effect to the [F48 Primary Care Trust or] Health Authority which have the duty under section 117 below to provide after-care services for the patient.(a)
inform the patient both orally and in writing; and
(b)
unless the patient otherwise requests, take such steps as are practicable to inform in writing the person (if any) appearing to be the nearest relative of the patient,
Ss. 25A-25J inserted (1.4.1996) by 1995 c. 52, ss. 1(1), 7(2) | |
Words in s. 25F(1) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 45; S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4) | |
S. 25F(1)(4): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2 | |
F49 25G. but shall not be so subject for any longer period except in accordance with the following provisions of this section. (2) A patient already subject to after-care under supervision may be made so subject— and so on for periods of one year at a time. (3) Within the period of two months ending on the day on which a patient who is subject to after-care under supervision would (in default of the operation of subsection (7) below) cease to be so subject, it shall be the duty of the community responsible medical officer— (4) The conditions referred to in subsection (3) above are that— (5) The community responsible medical officer shall not consider whether the conditions set out in subsection (4) above are complied with unless— (6) Where the patient has requested that paragraph (b) of subsection (5) above should not apply, that paragraph shall not apply unless— (7) Where a report is duly furnished under subsection (3) above, the patient shall be thereby made subject to after-care under supervision for the further period prescribed in that case by subsection (2) above. (8) Where a report is furnished under subsection (3) above, the responsible after-care bodies shall— (9) Where the form of mental disorder specified in a report furnished under subsection (3) above is a form of disorder other than that specified in the supervision application, that application shall have effect as if that other form of mental disorder were specified in it. (10) Where on any occasion a report specifying such a form of mental disorder is furnished under subsection (3) above the community responsible medical officer need not on that occasion furnish a report under section 25F above.
Duration and renewal of after-care under supervision.
— (1) Subject to sections 25H and 25I below, a patient subject to after-care under supervision shall be so subject for the period—(a)
beginning when he leaves hospital; and
(b)
ending with the period of six months beginning with the day on which the supervision application was accepted,
(a)
from the end of the period referred to in subsection (1) above, for a further period of six months; and
(b)
from the end of any period of renewal under paragraph (a) above, for a further period of one year,
(a)
to examine the patient; and
(b)
if it appears to him that the conditions set out in subsection (4) below are complied with, to furnish to the responsible after-care bodies a report to that effect in the prescribed form.
(a)
the patient is suffering from mental disorder, being mental illness, severe mental impairment, psychopathic disorder or mental impairment;
(b)
there would be a substantial risk of serious harm to the health or safety of the patient or the safety of other persons, or of the patient being seriously exploited, if he were not to receive the after-care services provided for him under section 117 below;
(c)
his being subject to after-care under supervision is likely to help to secure that he receives the after-care services so provided.
(a)
the following persons have been consulted— (i) the patient; (ii) the supervisor; (iii) unless no-one other than the community responsible medical officer is professionally concerned with the patient’s medical treatment, one or more persons who are so concerned; (iv) one or more persons who are professionally concerned with the after-care services (other than medical treatment) provided for the patient under section 117 below; and (v) any person who the community responsible medical officer believes plays a substantial part in the care of the patient but is not professionally concerned with the after-care services so provided;
(b)
such steps as are practicable have been taken to consult the person (if any) appearing to be the nearest relative of the patient; and
(c)
the community responsible medical officer has taken into account any relevant views expressed by the persons consulted.
(a)
the patient has a propensity to violent or dangerous behaviour towards others; and
(b)
the community responsible medical officer considers that it is appropriate for steps such as are mentioned in that paragraph to be taken.
(a)
inform the patient both orally and in writing— (i) that the report has been furnished; and (ii) of the effect in his case of the provisions of this Act relating to making a patient subject to after-care under supervision for a further period (including, in particular, what rights of applying to a Mental Health Review Tribunal are available);
(b)
inform any person who has been consulted under paragraph (a)(v) of subsection (5) above that the report has been furnished; and
(c)
inform in writing any person who has been consulted under paragraph (b) of that subsection that the report has been furnished.
Ss. 25A-25J inserted (1.4.1996) by 1995 c. 52, ss. 1(1), 7(2) | |
S. 25G applied (with modifications) (1.4.1996) by S.I. 1996/295, reg. 2, Sch. | |
S. 25G(3)(8): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2 | |
F50 25H. (2) The community responsible medical officer shall not give a direction under subsection (1) above unless subsection (3) below is complied with. (3) This subsection is complied with if— (4) Where the patient has requested that paragraph (b) of subsection (3) above should not apply, that paragraph shall not apply unless— (5) A patient subject to after-care under supervision shall cease to be so subject if he— (6) Where a patient (for any reason) ceases to be subject to after-care under supervision the responsible after-care bodies shall— that the patient has ceased to be so subject. (7) Where the patient has requested that paragraph (c) of subsection (6) above should not apply, that paragraph shall not apply unless subsection (3)(b) above applied in his case by virtue of subsection (4) above.
Ending of after-care under supervision.
— (1) The community responsible medical officer may at any time direct that a patient subject to after-care under supervision shall cease to be so subject.(a)
the following persons have been consulted about the giving of the direction— (i) the patient; (ii) the supervisor; (ii) unless no-one other than the community responsible medical officer is professionally concerned with the patient’s medical treatment, one or more persons who are so concerned; (iv) one or more persons who are professionally concerned with the after-care services (other than medical treatment) provided for the patient under section 117 below; and (v) any person who the community responsible medical officer believes plays a substantial part in the care of the patient but is not professionally concerned with the after-care services so provided;
(b)
such steps as are practicable have been taken to consult the person (if any) appearing to be the nearest relative of the patient about the giving of the direction; and
(c)
the community responsible medical officer has taken into account any views expressed by the persons consulted.
(a)
the patient has a propensity to violent or dangerous behaviour towards others; and
(b)
the community responsible medical officer considers that it is appropriate for steps such as are mentioned in that paragraph to be taken.
(a)
is admitted to a hospital in pursuance of an application for admission for treatment; or
(b)
is received into guardianship.
(a)
inform the patient both orally and in writing;
(b)
inform any person who they believe plays a substantial part in the care of the patient but is not professionally concerned with the after-care services provided for the patient under section 117 below; and
(c)
take such steps as are practicable to inform in writing the person (if any) appearing to be the nearest relative of the patient,
F51 25I. (2) At any time when the patient is detained as mentioned in subsection (1)(a) or (b) above he is not required— (3) If the patient is detained as mentioned in paragraph (a) of subsection (1) above for a period of, or successive periods amounting in the aggregate to, six months or less, or is detained as mentioned in paragraph (b) of that subsection, and, apart from this subsection, he— he shall be deemed not to have ceased, and shall not cease, to be so subject until the end of that period of 28 days. (4) Where the period for which the patient is subject to after-care under supervision is extended by subsection (3) above, any examination and report to be made and furnished in respect of the patient under section 25G(3) above may be made and furnished within the period as so extended. (5) Where, by virtue of subsection (4) above, the patient is made subject to after-care under supervision for a further period after the day on which (apart from subsection (3) above) he would have ceased to be so subject, the further period shall be deemed to have commenced with that day.
Special provisions as to patients sentenced to imprisonment etc.
— (1) This section applies where a patient who is subject to after-care under supervision—(a)
is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); or
(b)
is detained in hospital in pursuance of an application for admission for assessment.
(a)
to receive any after-care services provided for him under section 117 below; or
(b)
to comply with any requirements imposed on him under section 25D above.
(a)
would have ceased to be subject to after-care under supervision during the period for which he is so detained; or
(b)
would cease to be so subject during the period of 28 days beginning with the day on which he ceases to be so detained,
Ss. 25A-25J inserted (1.4.1996) by 1995 c. 52, ss. 1(1), 7(2) | |
F52 25J. (2) Sections 25A to 25I above, section 117 below and any other provision of this Act relating to supervision applications or patients subject to after-care under supervision shall apply in relation to a patient in respect of whom a supervision application is or is to be made by virtue of this section subject to such modifications as the Secretary of State may by regulations prescribe.]
Patients moving from Scotland to England and Wales.
— F53 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition of “relative” and “nearest relative”.
— (1) In this Part of this Act “relative” means any of the following persons:—(a)
husband or wife;
(b)
son or daughter;
(c)
father or mother;
(d)
brother or sister;
(e)
grandparent;
(f)
grandchild;
(g)
uncle or aunt;
(h)
nephew or niece.
his mother, and
(b)
if his father has parental responsibility for him within the meaning of section 3 of the Children Act 1989, his father.]
(a)
by giving preference to that relative or those relatives over the other or others; and
(b)
as between two or more such relatives, in accordance with subsection (3) above.
(a)
in the case of a patient ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man, is not so resident; or
(b)
is the husband or wife of the patient, but is permanently separated from the patient, either by agreement or under an order of a court, or has deserted or has been deserted by the patient for a period which has not come to an end; or
(c)
is a person other than the husband, wife, father or mother of the patient, and is for the time being under 18 years of age; F55 . . .
F55 (d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
shall be treated for the purposes of subsection (3) above as if mentioned last in subsection (1) above; and
(b)
shall not be treated by virtue of this subsection as the nearest relative of a married patient unless the husband or wife of the patient is disregarded by virtue of paragraph (b) of subsection (5) above.
[F56 27. the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife (if any).]
Children and young persons in care.
Where—(a)
a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989; or
(b)
the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968,
S. 27 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 48(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2) | |
Nearest relative of minor under guardianship, etc.
— [F57 (1) Where—(a)
a guardian has been appointed for a person who has not attained the age of eighteen years; or
(b)
a residence order (as defined by section 8 of the Children Act 1989) is in force with respect to such a person,
S. 28(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 48(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2) | |
S. 28(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 48(4); S.I. 1991/828, art. 3(2) | |
Words in s. 28(3) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 41 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o) | |
1974 c. 28. | |
Appointment by court of acting nearest relative.
— (1) The county court may, upon application made in accordance with the provisions of this section in respect of a patient, by order direct that the functions of the nearest relative of the patient under this Part of this Act and sections 66 and 69 below shall, during the continuance in force of the order, be exercisable by the applicant, or by any other person specified in the application, being a person who, in the opinion of the court, is a proper person to act as the patient’s nearest relative and is willing to do so.(a)
any relative of the patient;
(b)
any other person with whom the patient is residing (or, if the patient is then an in-patient in a hospital, was last residing before he was admitted); or
(c)
an approved social worker;
(a)
that the patient has no nearest relative within the meaning of this Act, or that it is not reasonably practicable to ascertain whether he has such a relative, or who that relative is;
(b)
that the nearest relative of the patient is incapable of acting as such by reason of mental disorder or other illness;
(c)
that the nearest relative of the patient unreasonably objects to the making of an application for admission for treatment or a guardianship application in respect of the patient; or
(d)
that the nearest relative of the patient has exercised without due regard to the welfare of the patient or the interests of the public his power to discharge the patient from hospital or guardianship under this Part of this Act, or is likely to do so.
(a)
in any case, until the application under this section has been finally disposed of; and
(b)
if an order is made in pursuance of the application under this section, for a further period of seven days;
Discharge and variation of orders under s. 29.
— (1) An order made under section 29 above in respect of a patient may be discharged by the county court upon application made—(a)
in any case, by the person having the functions of the nearest relative of the patient by virtue of the order;
(b)
where the order was made on the ground specified in paragraph (a) or paragraph (b) of section 29(3) above, or where the person who was the nearest relative of the patient when the order was made has ceased to be his nearest relative, on the application of the nearest relative of the patient.
(a)
subsections (1) and (2) above shall apply as if for any reference to that person there were substituted a reference to any relative of the patient, and
(b)
until the order is discharged or varied under those provisions the functions of the nearest relative under this Part of this Act and sections 66 and 69 below shall not be exercisable by any person.
(a)
if the patient was on the date of the order liable to be detained in pursuance of an application for admission for treatment or by virtue of an order or direction under Part III of this Act (otherwise than under section 35, 36 or 38) or was subject to guardianship under this Part of this Act or by virtue of such an order or direction, or becomes so liable or subject within the period of three months beginning with that date, when he ceases to be so liable or subject (otherwise than on being transferred in pursuance of regulations under section 19 above);
(b)
if the patient was not on the date of the order, and has not within the said period become, so liable or subject, at the expiration of that period.
Procedure on applications to county court.
County court rules which relate to applications authorised by this Part of this Act to be made to a county court may make provision—(a)
for the hearing and determination of such applications otherwise than in open court;
(b)
for the admission on the hearing of such applications of evidence of such descriptions as may be specified in the rules notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility of evidence;
(c)
for the visiting and interviewing of patients in private by or under the directions of the court.
Regulations for purposes of Part II.
— (1) The Secretary of State may make regulations for prescribing anything which, under this Part of this Act, is required or authorised to be prescribed, and otherwise for carrying this Part of this Act into full effect.(a)
for prescribing the form of any application, recommendation, report, order, notice or other document to be made or given under this Part of this Act;
(b)
for prescribing the manner in which any such application, recommendation, report, order, notice or other document may be proved, and for regulating the service of any such application, report, order or notice;
(c)
for requiring [F60 such bodies as may be prescribed by the regulations] to keep such registers or other records as may be [F60 so prescribed] in respect of patients liable to be detained or subject to guardianship [F61 or to after-care under supervision] under this Part of this Act, and to furnish or make available to those patients, and their relatives, such written statements of their rights and powers under this Act as may be so prescribed;
(d)
for the determination in accordance with the regulations of the age of any person whose exact age cannot be ascertained by reference to the registers kept under the M2 Births and Deaths Registration Act 1953; and
(e)
for enabling the functions under this Part of this Act of the nearest relative of a patient to be performed, in such circumstances and subject to such conditions (if any) as may be prescribed by the regulations, by any person authorised in that behalf by that relative;
Words in s. 32(2)(c) substituted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1 para. 2 | |
Words in s. 32(2)(c) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1 para. 2(c) | |
Words in s. 32(3) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1)(3), 8, Sch. 1, Pt. III, para. 107(4) | |
Words in s. 32(3) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(6) (with art. 2(5)) | |
Words in s. 32(3) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 55 ; S.I. 2004/759, art.2 | |
Words substituted by virtue of National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(5) | |
1953 c. 20. | |
Special provisions as to wards of court.
— (1) An application for the admission to hospital of a minor who is a ward of court may be made under this Part of this Act with the leave of the court; and section 11(4) above shall not apply in relation to an application so made.S. 33(4) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 2, para. 3 | |
Interpretation of Part II.
— (1) In this Part of this Act— [F67 “the community responsible medical officer”, in relation to a patient subject to after-care under supervision, means the person who, in accordance with section 117(2A)(a) below, is in charge of medical treatment provided for him;]
“the nominated medical attendant”, in relation to a patient who is subject to the guardianship of a person other than a local social services authority, means the person appointed in pursuance of regulations made under section 9(2) above to act as the medical attendant of the patient;
(a)
which would not, apart from subsection (2) below, be a hospital for the purposes of this Part; and
(b)
in respect of which a person is registered under Part II of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act;]
“the responsible medical officer” means [F69 (except in the phrase “the community responsible medical officer”)]—
(a)
in relation to a patient [F70 who is]liable to be detained by virtue of an application for admission for assessment or an application for admission for treatment [F70 or who is to be subject to after-care under supervision after leaving hospital], the registered medical practitioner in charge of the treatment of the patient;
(b)
in relation to a patient subject to guardianship, the medical officer authorised by the local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible medical officer.
[F71 “the supervisor”, in relation to a patient subject to after-care under supervision, means the person who, in accordance with section 117(2A)(b) below, is supervising him.]
(a)
the responsible medical officer;
(b)
the community responsible medical officer; and
(c)
the supervisor.]
(a)
where the patient is subject to the guardianship of a local social services authority, to that authority;
(b)
where the patient is subject to the guardianship of a person other than a local social services authority, to the local social services authority for the area in which that person resides.
Definition in s. 34(1) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 2, para. 4(2) | |
S. 34(1): definition of “registered estabishment” inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(4)(a); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10)) | |
Words in s. 34(1) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 4(3)(a) | |
Words in s. 34(1)(a) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 4(3)(b) | |
Definition inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 4(4) | |
S. 34(1A) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 4(5) | |
Words in s. 34(2) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(4)(b); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10)) | |
Patients Concerned in Criminal Proceedings or Under Sentence
Pt. III (ss. 35 - 55) certain defintions applied (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2 | |
Remand to hospital for report on accused’s mental condition.
— (1) Subject to the provisions of this section, the Crown Court or a magistrates’ court may remand an accused person to a hospital specified by the court for a report on his mental condition.(a)
in relation to the Crown Court, any person who is awaiting trial before the court for an offence punishable with imprisonment or who has been arraigned before the court for such offence and has not yet been sentenced or otherwise dealt with for the offence on which he has been arraigned;
(b)
in relation to a magistrates’ court, any person who has been convicted by the court of an offence punishable on summary conviction with imprisonment and any person charged with such an offence if the court is satisfied that he did the act or made the omission charged or he has consented to the exercise by the court of the powers conferred by this section.
(a)
the court is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the accused person is suffering from mental illness, psychopathic disorder, severe mental impairment or mental impairment; and
(b)
the court is of the opinion that it would be impracticable for a report on his mental condition to be made if he were remanded on bail;
(a)
a constable or any other person directed to do so by the court shall convey the accused person to the hospital specified by the court within the period mentioned in subsection (4) above; and
(b)
the managers of the hospital shall admit him within that period and thereafter detain him in accordance with the provisions of this section.
S. 35 modified (31.3.2005) by Army Act 1955 (c. 18), s. 116B(2)(a)(c) (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 35 modified (31.3.2005) by Airforce Act 1955 (c. 19), s. 116B(2)(a)(c), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 35 modified (31.3.2005) by Naval Discipline Act 1957 (c. 53), s. 63B(2)(a)(c), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 3 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 35 modified (prosp.) by Armed Forces Act 2006 (c. 52), ss. 169, 383, Sch. 4 para. 3 | |
S. 35 applied (1.10.1997) by 1996 c. 27, ss. 48, 67(2); S.I. 1997/1892, art. 3(1)(a) | |
S. 35 applied (15.10.2001) by 1996 c. 52 s. 156(4); S.I. 2001/3164, art. 2 | |
Remand of accused person to hospital for treatment.
— (1) Subject to the provisions of this section, the Crown Court may, instead of remanding an accused person in custody, remand him to a hospital specified by the court if satisfied, on the written or oral evidence of two registered medical practitioners, that he is suffering from mental illness or severe mental impairment of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment.S. 36 modified (31.3.2005) by Army Act 1955 (c. 18), s. 116B(2)(b)(c), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para.1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 36 modified (31.3.2005) by Airforce Act 1955 (c. 19), s. 116B(2)(b)(c), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para.1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 36 modified (31.3.2005) by Naval Discipline Act 1957 (c. 53), s. 63B(2)(b)(c), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para.3 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 36 modified (prosp.) by Armed Forces Act 2006 (c. 52), ss. 169, 383, Sch. 4 para. 4 | |
Powers of courts to order hospital admission or guardianship.
— (1) Where a person is convicted before the Crown Court of an offence punishable with imprisonment other than an offence the sentence for which is fixed by law,F74 ..., or is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment, and the conditions mentioned in subsection (2) below are satisfied, the court may by order authorise his admission to and detention in such hospital as may be specified in the order or, as the case may be, place him under the guardianship of a local social services authority or of such other person approved by a local social services authority as may be so specified.(a)
under section 51A(2) of the Firearms Act 1968,
(b)
under section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000, or
(c)
under any of sections 225 to 228 of the Criminal Justice Act 2003,
(a)
the court is satisfied, on the written or oral evidence of two registered medical practitioners, that the offender is suffering from mental illness, psychopathic disorder, severe mental impairment or mental impairment and that either— (i) the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and, in the case of psychopathic disorder or mental impairment, that such treatment is likely to alleviate or prevent a deterioration of his condition; or (ii) in the case of an offender who has attained the age of 16 years, the mental disorder is of a nature or degree which warrants his reception into guardianship under this Act; and
(b)
the court is of the opinion, having regard to all the circumstances including the nature of the offence and the character and antecedents of the offender, and to the other available methods of dealing with him, that the most suitable method of disposing of the case is by means of an order under this section.
(a)
the Secretary of State shall cause the person having the custody of the patient to be informed, and
(b)
the hospital order shall have effect as if the hospital specified in the directions were substituted for the hospital specified in the order.
(a)
pass sentence of imprisonment or impose a fine or make a [F78 community order (within the meaning of Part 12 of the Criminal Justice Act 2003)] in respect of the offence,
(b)
if the order under this section is a hospital order, make a referral order (within the meaning of [F79 the Powers of Criminal Courts (Sentencing) Act 2000]) in respect of the offence, or
(c)
make in respect of the offender [F80 a supervision order (within the meaning of that Act) or an order under section 150 of that Act (binding over of parent or guardian)],
Words in s. 37(1) omitted (4.4.2005) by virtue of Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 38(a) ; S.I. 2005/950, art. 2(1) , Sch. 1 para. 42(18) (with art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) | |
S. 37(1A)(1B) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 38(b) ; S.I. 2005/950,art 2(1) , Sch. 1 para. 42(18) (with art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) | |
Words in s. 37(4) repealed (1.10.1997) by 1997 c. 43, s. 55, Sch. 4, para. 12(3), Sch. 6; S.I. 1997/2200, art. 2(1)(o)(2)(f) | |
Words in s. 37(8) substituted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 11 (with Sch. 7 para. 3(3), para. 5(2)); S.I. 2000/1587, 2(b) | |
Words in s. 37(8) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 38(c) ; S.I. 2005/950, art 2(1) , Sch. 1 para. 42(18) (with art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) | |
Words in s. 37(8) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 90(1)(6)(a) | |
Words in s. 37(8) substituted (25.8.200) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 90(1)(6)(b) | |
S. 37 modified (31.3.2005) by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 5A(1) (as substituted by 2004 c. 28, ss. 24(1) , 60 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 37 modified (31.3.2005) by Army Act 1955 (c. 18), s. 116B(1) (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3, para. 1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 37 modified (31.3.2005) by Airforce Act 1955 (c. 19), s. 116B(1) (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para.1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 37 modified (31.3.2005) by Naval Discipline Act 1957 (c. 53), s. 63B(1), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 3 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 37 modified (prosp.) by Armed Forces Act 2006 (c. 52), ss. 169, 383, Sch. 4 para. 1 | |
S. 37(1) modified (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(2), (with saving in s. 8); S.I. 1991/2488, art. 2 | |
S. 37 extended (1.10.1997) by 1997 c. 43, s. 47(1)(a); S.I. 1997/2200, art. 2(1)(i) | |
S. 37 applied (1.10.1997) by 1996 c. 27, s. 51; S.I. 1997/1892, art. 3(1)(a) | |
Interim hospital orders.
— (1) Where a person is convicted before the Crown Court of an offence punishable with imprisonment (other than an offence the sentence for which is fixed by law) or is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment and the court before or by which he is convicted is satisfied, on the written or oral evidence of two registered medical practitioners—(a)
that the offender is suffering from mental illness, psychopathic disorder, severe mental impairment or mental impairment; and
(b)
that there is reason to suppose that the mental disorder from which the offender is suffering is such that it may be appropriate for a hospital order to be made in his case,
(a)
shall be in force for such period, not exceeding 12 weeks, as the court may specify when making the order; but
(b)
may be renewed for further periods of not more than 28 days at a time if it appears to the court, on the written or oral evidence of the responsible medical officer, that the continuation of the order is warranted;
Words in s. 38(5) substituted (1.10.1997) by 1997 c. 43, s. 49(1); S.I. 1997/2200, art. 2 | |
S. 38 modified (31.3.2005) by Army Act 1955 (c. 18), s. 116B(2)(d) (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para.1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 38 modified (31.3.2005) by Naval Discipline Act 1957 (c. 53), s. 63B(2)(d) (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 3 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 38 modified (31.3.2005) by Airforce Act 1955 (c. 19), s. 116B(2)d) (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para.1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 38 modified (prosp.) by Armed Forces Act 2006 (c. 52), ss. 169, 383, Sch. 4 para. 5 | |
S. 38 applied (1.10.1997) by 1996 c. 27, s. 51; S.I. 1997/1892, art. 3(1)(a) | |
S. 38(7) modified (31.3.2005) by Courts-Martial (Appeals) Act 1968 (c. 20), s. 16(5)(b), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 7 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 38(7) modified (31.3.2005) by Courts-Martial (Appeals) Act 1968 (c. 20), s. 23(5)(b), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 10 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) S. 38(7) modified (31.3.2005) by Courts-Martial (Appeals) Act 1968 (c. 20), s. 25B(3)(b), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 13 , (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b) | |
Information as to hospitals.
— (1) Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request—(a)
(b)
Words in s. 39(1) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 46; S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4) | |
Words in s. 39(1) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1)(3), 8, Sch. 1, Pt. III, para. 107(5)(a) | |
S. 39(2) repealed (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8, Sch. 1, Pt. III, para. 107(5)(b), Sch. 3 (with Sch. 2 para. 6) | |
[39A. Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate— and that authority shall comply with any such request.]
(a)
to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and
(b)
if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;
S. 39A inserted (E.W.) (1.10.1992)by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 27(1) (with saving in s. 28); S.I. 1992/333, art. 2(2), Sch.2. | |
Effect of hospital orders, guardianship orders and interim hospital orders.
— (1) A hospital order shall be sufficient authority—(a)
for a constable, an approved social worker or any other person directed to do so by the court to convey the patient to the hospital specified in the order within a period of 28 days; and
(b)
for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act.
(a)
a constable or any other person directed to do so by the court shall convey the offender to the hospital specified in the order within the period mentioned in section 38(4) above; and
(b)
the managers of the hospital shall admit him within that period and thereafter detain him in accordance with the provisions of section 38 above.
(a)
a patient admitted to a hospital in pursuance of a hospital order is absent without leave;
(b)
(c)
he is held pursuant to the warrant in any country or territory other than the United Kingdom, any of the Channel Islands and the Isle of Man,
Power of higher courts to restrict discharge from hospital.
— (1) Where a hospital order is made in respect of an offender by the Crown Court, and it appears to the court, having regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large, that it is necessary for the protection of the public from serious harm so to do, the court may, subject to the provisions of this section, further order that the offender shall be subject to the special restrictions set out in this section, either without limit of time or during such period as may be specified in the order; and an order under this section shall be known as “a restriction order”.(a)
none of the provisions of Part II of this Act relating to the duration, renewal and expiration of authority for the detention of patients shall apply, and the patient shall continue to be liable to be detained by virtue of the relevant hospital order until he is duly discharged under the said Part II or absolutely discharged under section 42, 73, 74 or 75 below;
none of the provisions of Part II of this Act relating to after-care under supervision shall apply;]
(b)
no application shall be made to a Mental Health Review Tribunal in respect of a patient under section 66 or 69(1) below;
(c)
the following powers shall be exercisable only with the consent of the Secretary of State, namely— (i) power to grant leave of absence to the patient under section 17 above; (ii) power to transfer the patient in pursuance of regulations under section 19 above [F88 or in pursuance of subsection 3 of that section]; and (iii) power to order the discharge of the patient under section 23 above; and if leave of absence is granted under the said section 17 power to recall the patient under that section shall vest in the Secretary of State as well as the responsible medical officer; and
(d)
the power of the Secretary of State to recall the patient under the said section 17 and power to take the patient into custody and return him under section 18 above may be exercised at any time;
S. 41(3)(aa) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 5 | |
Words in s. 41(3)(c)(ii) inserted (1.10.1997) by 1997 C. 43, s. 49(2); S.I.1997/2200, art. 2 | |
S. 41(1) modified (prosp.) by Armed Forces Act 2006 (c. 52), ss. 169, 383, Sch. 4 para. 2 | |
Powers of Secretary of State in respect of patients subject to restriction orders.
— (1) If the Secretary of State is satisfied that in the case of any patient a restriction order is no longer required for the protection of the public from serious harm, he may direct that the patient shall cease to be subject to the special restrictions set out in section 41(3) above; and where the Secretary of State so directs, the restriction order shall cease to have effect, and section 41(5) above shall apply accordingly.(a)
if the hospital specified in the warrant is not the hospital from which the patient was conditionally discharged, the hospital order and the restriction order shall have effect as if the hospital specified in the warrant were substituted for the hospital specified in the hospital order;
(b)
in any case, the patient shall be treated for the purposes of section 18 above as if he had absented himself without leave from the hospital specified in the warrant, and, if the restriction order was made for a specified period, that period shall not in any event expire until the patient returns to the hospital or is returned to the hospital under that section.
Power of magistrates’ courts to commit for restriction order.
— (1) If in the case of a person of or over the age of 14 years who is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment—(a)
the conditions which under section 37(1) above are required to be satisfied for the making of a hospital order are satisfied in respect of the offender; but
(b)
it appears to the court, having regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large, that if a hospital order is made a restriction order should also be made,
(a)
if that court would have power so to do under the foregoing provisions of this Part of this Act upon the conviction of the offender before that court of such an offence as is described in section 37(1) above, make a hospital order in his case, with or without a restriction order;
(b)
if the court does not make such an order, deal with the offender in any other manner in which the magistrates’ court might have dealt with him.
Committal to hospital under s. 43.
— (1) Where an offender is committed under section 43(1) above and the magistrates’ court by which he is committed is satisfied on written or oral evidence that arrangements have been made for the admission of the offender to a hospital in the event of an order being made under this section, the court may, instead of committing him in custody, by order direct him to be admitted to that hospital, specifying it, and to be detained there until the case is disposed of by the Crown Court, and may give such directions as it thinks fit for this production from the hospital to attend the Crown Court by which his case is to be dealt with. Appeals from magistrates’ courts.
— (1) Where on the trial of an information charging a person with an offence a magistrates’ court makes a hospital order or guardianship order in respect of him without convicting him, he shall have the same right of appeal against the order as if it had been made on his conviction; and on any such appeal the Crown Court shall have the same powers as if the appeal had been against both conviction and sentence. [F90 Hospital and limitation directions
Ss. 45A, 45B inserted (1.10.1997) by 1997 c. 43, ss. 46; S.I. 1997/2200, art. 2 (with saving in art. 5(1)) | |
(a)
the conditions mentioned in subsection (2) below are fulfilled; and
(b)
F92 ..., the court considers making a hospital order in respect of him before deciding to impose a sentence of imprisonment ( “the relevant sentence”) in respect of the offence.
(a)
that the offender is suffering from psychopathic disorder;
(b)
that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and
(c)
that such treatment is likely to alleviate or prevent a deterioration of his condition.
(a)
a direction that, instead of being removed to and detained in a prison, the offender be removed to and detained in such hospital as may be specified in the direction (in this Act referred to as a “hospital direction”); and
(b)
a direction that the offender be subject to the special restrictions set out in section 41 above (in this Act referred to as a “limitation direction”).
(a)
for his admission to that hospital; and
(b)
for his admission to it within the period of 28 days beginning with the day of the giving of such directions;
(a)
the Secretary of State shall cause the person having the custody of the patient to be informed, and
(b)
the hospital direction shall have effect as if the hospital specified in the instructions were substituted for the hospital specified in the hospital direction.
(a)
apply generally, or in relation to such classes of offenders or offences as may be specified in the order;
(b)
provide that any reference in this section to a sentence of imprisonment, or to a prison, shall include a reference to a custodial sentence, or to an institution, of such description as may be so specified; and
(c)
include such supplementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient.
S. 45A inserted (1.10.1997) by 1997 c. 43, s. 46; S.I. 1997/2200, art. 2 (with saving in art. 5(1)) | |
Words in s. 45A(1)(b) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, 336, Sch. 32 para. 39, Sch. 37 Pt. 7 ; S.I. 2005/950, art 2(1) , Sch. 1 paras. 42(18), 44(4)(g) (with art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) | |
S. 45A extended (1.10.1997) by 1997 c. 43, s. 47(1)(b); S.I. 1997/2200, art. 2 | |
F93 Effect of hospital and limitation directions.
— (1) A hospital direction and a limitation direction shall be sufficient authority—(a)
for a constable or any other person directed to do so by the court to convey the patient to the hospital specified in the hospital direction within a period of 28 days; and
(b)
for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act.
(a)
a hospital direction shall have effect as a transfer direction; and
(b)
a limitation direction shall have effect as a restriction direction.
S. 45B inserted (1.10.1997) by 1997 c. 43, s. 46; S.I. 1997/2200, art. 2 (with saving in art. 5(1)) | |
F94 46.
Persons ordered to be kept in custody during Her Majesty’s pleasure.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal to hospital of persons serving sentences of imprisonment, etc.
— (1) If in the case of a person serving a sentence of imprisonment the Secretary of State is satisfied, by reports from at least two registered medical practitioners—(a)
that the said person is suffering from mental illness, psychopathic disorder, severe mental impairment or mental impairment; and
(b)
that the mental disorder from which that person is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and, in the case of psychopathic disorder or mental impairment, that such treatment is likely to alleviate or prevent a deterioration of his condition;
(a)
to a person detained in pursuance of any sentence or order for detention made by a court in criminal proceedings (other than an order [F96 made in consequence of a finding of insanity or unfitness to stand trial]);
(b)
to a person committed to custody under section 115(3) of the M6 Magistrates’ Courts Act 1980 (which relates to persons who fail to comply with an order to enter into recognisances to keep the peace or be of good behaviour); and
(c)
to a person committed by a court to a prison or other institution to which the M7 Prison Act 1952 applies in default of payment of any sum adjudged to be paid on his conviction.
Words in s. 47(1) repealed (1.10.1997) by 1997 c. 43, ss. 49(3), 56(2), Sch. 6; S.I. 1997/ 2200, art. 2 (with saving in art. 5(6)) | |
Words in s. 47(5)(a) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 18 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)(k) | |
S. 47 excluded (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para. 2(4) (with saving in s. 8); S.I. 1991/2488, art. 2 | |
S. 47 extended (1.10.1997) by 1997 c. 43, s. 47(1)(c); S.I. 1997/2200, art. 2 | |
1980 c. 43. | |
1952 c. 52. | |
Removal to hospital of other prisoners.
— (1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that that person is suffering from mental illness or severe mental impairment of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and that he is in urgent need of such treatment, the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.(a)
persons detained in a prison or remand centre, not being persons serving a sentence of imprisonment or persons falling within the following paragraphs of this subsection;
(b)
persons remanded in custody by a magistrates’ court;
(c)
civil prisoners, that is to say, persons committed by a court to prison for a limited term F97 ... , who are not persons falling to be dealt with under section 47 above;
Words in s. 48(2)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), ss. 1(1), Sch. 1 Pt. 17 Group 8 | |
Words in s. 48(2)(d) added (10.2.2003) by 2002 c. 41, ss. 62(10)(a), 162 (with s. 159); S.I. 2003/1, art. 2 , Sch. | |
1971 c. 77. | |
Restriction on discharge of prisoners removed to hospital.
— (1) Where a transfer direction is given in respect of any person, the Secretary of State, if he thinks fit, may by warrant further direct that that person shall be subject to the special restrictions set out in section 41 above; and where the Secretary of State gives a transfer direction in respect of any such person as is described in paragraph (a) or (b) of section 48(2) above, he shall also give a direction under this section applying those restrictions to him. Further provisions as to prisoners under sentence.
— (1) Where a transfer direction and a restriction direction have been given in respect of a person serving a sentence of imprisonment and before [F99 his release date] the Secretary of State is notified by the responsible medical officer, any other registered medical practitioner or a Mental Health Review Tribunal that that person no longer requires treatment in hospital for mental disorder or that no effective treatment for his disorder can be given in the hospital to which he has been removed, the Secretary of State may—(a)
by warrant direct that he be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; or
(b)
exercise any power of releasing him on licence or discharging him under supervision which would have been exercisable if he had been remitted to such a prison or institution as aforesaid,
(a)
any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
(b)
any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.]
(a)
the reference in subsection (1) to a transfer direction and a restriction direction having been given in respect of a person serving a sentence of imprisonment included a reference to a hospital direction and a limitation direction having been given in respect of a person sentenced to imprisonment;
(b)
the reference in subsection (2) to a restriction direction included a reference to a limitation direction; and
(c)
references in subsections (3) and (4) to a transfer direction included references to a hospital direction.]
Words in s. 50(1) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 294(2) , 336; S.I. 2004/81, art. 2(2)(b) | |
S. 50(2)(3) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 294(3) , 336; S.I. 2004/81, art. 2(2)(b) | |
S. 50(5) added (1.10.1997) by 1997 c. 43, s. 55, Sch. 4, para 12(5); S.I. 1997/2200, art. 2 | |
1952 c. 52. | |
Further provisions as to detained persons.
— (1) This section has effect where a transfer direction has been given in respect of any such person as is described in paragraph (a) of section 48(2) above and that person is in this section referred to as “the detainee”.(a)
that the detainee no longer requires treatment in hospital for mental disorder; or
(b)
that no effective treatment for his disorder can be given at the hospital to which he has been removed,
(a)
that the detainee no longer requires treatment in hospital for mental disorder; or
(b)
that no effective treatment for his disorder can be given at the hospital to which he has been removed,
(a)
that it is impracticable or inappropriate to bring the detainee before the court; and
(b)
that the conditions set out in subsection (6) below are satisfied,
(a)
is satisfied, on the written or oral evidence of at least two registered medical practitioners, that the detainee is suffering from mental illness or severe mental impairment of a nature or degree which makes it appropriate for the patient to be detained in a hospital for medical treatment; and
Act modified (31.3.2005) by Airforce Act 1955 (c. 19), s. 116B(3), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 1 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b)
Act modified (31.3.2005) by Naval Discipline Act 1957 (c. 53), s. 63B(3), (as substituted by 2004 c. 28, ss. 26, 60, Sch. 3 para. 3 (with Sch. 12 para. 8)); S.I. 2005/579, art. 3(b)
Act modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para. 2(1) (with saving in s. 8); S.I. 1991/2488, art. 2
Act: Power to apply conferred (prosp.) by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))Act applied (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)) Act: Power to apply conferred (prosp.) by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)
Act: Power to apply conferred (prosp.) by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
Act: Functions (except under ss. 78, 106(5), Pt. VII, Sch. 2 paras. 1(b)(c)) transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Act applied (prosp.) by 1968 c. 20, s. 23(4) (as substituted
(prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
Act (except ss. 25A, 25C-25H, 117, 140): functions not to be exercised by a primary care trust (1.4.2000) by virtue of S.I. 2000/695, art. 4(1), Sch. 4
Act applied (E.W) (19.3.1997) by 1984 c. 60, s. 63A(3A) (as inserted by 1997 c. 17, s. 3)