section 10 mental health act

The Mental Health Act 2007 came into effect on 16 November 2007, when the Mental Health Act 1990 ceased to have effect. If the application is not finally determined before the expiry of the period of 14 days referred to in subsection (1), or within the last extension of that period ordered under subsection (2), the application shall be dismissed, and the patient shall be released from compulsory status (but without prejudice to the making of a further application under section 8A in respect of the patient at some time in the future). The Director-General of Health or the Director may specify a form to be used for any information required by or under this Act to be given or sent to the Director-General of Health or the Director, if there is no prescribed form. Every patient who leaves his or her escort while being removed from any hospital in which the patient has been detained to any other hospital to which the patient is being lawfully transferred shall be deemed to be absent without leave, within the meaning of this section, from the first-mentioned hospital, and on being retaken in accordance with this Act may be conveyed to the hospital to which the patient was being removed, notwithstanding that the time limited by section 127 for complying with an order of transfer may have elapsed. This section applies to a delegation made under section 92A. all letters and other postal packets withheld by the responsible clinician pursuant to section 123 or section 124. The receipt of an electronic message from the person posting the document stating that the message was dispatched at the same time as or after the posting of the document confers on the person to whom the message is addressed, on the date he or she receives it and within the next 7 days, the same authority as the receipt of the document. the discretion conferred on it, by subsection (3), to exclude a patient. every patient who is subject to an inpatient order but is on leave from the hospital in accordance with section 31. Subject to section 124, every patient is entitled to the prompt dispatch unopened of any letter or other postal article put out by the patient for posting. Any member of a Review Tribunal, and any deputy of any such member, may at any time be removed from office by the Minister for neglect of duty, misconduct, bankruptcy, or inability to perform the functions of the office proved to the satisfaction of the Minister. Section 8B(4): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). If you have been treated in hospital under the Mental Health Act and are being discharged or allowed out of the hospital on short-term leave, you may be put under a Community Treatment Order (CTO). Section 110D: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). The court shall not make an inpatient order if, at the time of making the order, the patient is undergoing assessment and treatment as an outpatient; but in such a case, the Judge may, instead of making a community treatment order, order that the patient be re-assessed in accordance with sections 13 and 14, and the provisions of those sections, sections 15 to 27, and this section shall apply with any necessary modifications. Section 96A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). But there may be times when there are sufficient concerns about your mental health and your ability to make use of the help offered. Mental Health Act. The power to grant leave under this section shall not be exercised in respect of any patient described in section 50(2)(a). Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a duly authorised officer. 4 No. If the medical practitioner, having examined the person, does not consider that there are reasonable grounds for believing that the person may be mentally disordered, the person shall be released forthwith. The responsible clinician may, with the approval of the Director of Area Mental Health Services, direct that any letter or other postal article addressed to a patient be opened and checked if there are reasonable grounds for believing that the receipt of the letter or other postal article by the patient could be detrimental to the interests of the patient and to his or her treatment. does not begin to run again until the person is retaken. Section 109(3A): inserted, on 1 April 2000, by section 59(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). is sentenced by a court to be detained in a prison. The expenses of any witness called by the Tribunal under this clause must be met, in accordance with the prescribed scale of witnesses’ expenses, in the first instance from any appropriation by Parliament for the purpose. Organizations Supporting Mental Health and Substance Use in B.C. If, on the examination of the person so ordered to be brought before the Judge, and on the evidence of any medical or other witnesses, the Judge is satisfied—, that the person is detained illegally in the hospital as a patient; or, that the person is fit to be discharged from the hospital,—. If, in any case to which subsection (8) applies, the district inspector considers that an application should be made to have the patient’s condition reviewed under section 16, but neither the patient nor any person specified in paragraphs (b) to (e) of subsection (5) intends to make such an application, the district inspector may report the matter to the court; and, in such a case, a Judge may, of his or her own motion, review the patient’s condition under section 16 as if an appropriate application for such a review had been made to the court. the patient is still unfit to stand trial and should continue to be subject to the order of detention as a special patient: in every case, the convener of the Review Tribunal shall send a copy of the certificate of Tribunal review to each of the persons specified in section 79(10): in any case where the Review Tribunal considers that the patient is no longer unfit to stand trial, or that the patient is still unfit to stand trial but it is no longer necessary that the patient should be subject to the order of detention as a special patient, the convener of the Review Tribunal shall also send a copy of the certificate of Tribunal review to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003. the Review Tribunal shall record its findings in a certificate of Tribunal review in the prescribed form, stating whether or not, in its opinion, the patient’s condition still requires, either in the patient’s own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient: in any case where the Review Tribunal considers that the patient’s condition no longer requires, either in the patient’s own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient, the convener of the Review Tribunal shall also send a copy of the certificate of Tribunal review to the Minister of Health for the purposes of section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003. a health practitioner conducting an assessment examination of a proposed patient under section 9; and. This section applies to every patient who is subject to a compulsory treatment order and who will attain the age of 17 years before the expiry of the compulsory treatment order. The Minister may from time to time, by notice in the Gazette, declare any hospital, or any part of a hospital, to be a psychiatric security institution, and may in like manner revoke or amend any such notice. The members of Review Tribunals are paid remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, under the Fees and Travelling Allowances Act 1951, and that Act applies accordingly. Section 8B(1)(a): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 4 of the Mental Health Act is an emergency application for detention in hospital for up to 72 hours. The responsible clinician may from time to time extend any such period of leave for a further period not exceeding 3 months at any one time; but no patient shall be on leave under this section for a continuous period of more than 6 months. In section 9(1) and (3), “health practitioner” is modified to “mental health practitioner”. Section 4(e): replaced, on 1 April 2000, by section 4 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). an assessment examination under section 9; or, an assessment to which a notice given under section 11 or section 13 relates; or, an examination to which a notice given under section 14A(3)(b) relates; or, a hearing to which a notice given under section 14A(3)(c) relates; or, a review to which a notice given under section 76(1A) relates; and, is subject to a community treatment order; and, is refusing to attend at a place for treatment in accordance with the order; and. No acts done by a deputy as such, and no acts done by the Review Tribunal while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for the deputy to act had not arisen or had ceased. Ask your care co-ordinator, the nurses on your ward or hospital manager how you can get to see one. The district inspector must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and. The Rethink website has published NHS guidance for anyone affected by the Mental Health Act during the coronavirus outbreak. and, in such a case, the inpatient order shall thereafter be deemed to be and to have effect as a community treatment order as if the terms of the notice were the terms of the order. On any such application, the court may make an order declaring the patient to be a restricted patient if it is satisfied—. 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