Section 17F Powers in respect of recalled patientsF1

England and Wales

(1)

This section applies to a community patient who is detained in a hospital by virtue of a notice recalling him there under section 17E above.

(2)

The patient may be transferred to another hospital in such circumstances and subject to such conditions as may be prescribed in regulations made by the Secretary of State (if the hospital in which the patient is detained is in England) or the Welsh Ministers (if that hospital is in Wales).

(3)

If he is so transferred to another hospital, he shall be treated for the purposes of this section (and section 17E above) as if the notice under that section were a notice recalling him to that other hospital and as if he had been detained there from the time when his detention in hospital by virtue of the notice first began.

(4)

The responsible clinician may by order in writing revoke the community treatment order if—

(a)

in his opinion, the conditions mentioned in section 3(2) above are satisfied in respect of the patient; and

(b)

an approved mental health professional states in writing—

(i)

that he agrees with that opinion; and

(ii)

that it is appropriate to revoke the order.

(5)

The responsible clinician may at any time release the patient under this section, but not after the community treatment order has been revoked.

(6)

If the patient has not been released, nor the community treatment order revoked, by the end of the period of 72 hours, he shall then be released.

(7)

But a patient who is released under this section remains subject to the community treatment order.

(8)

In this section—

(a)

“the period of 72 hours” means the period of 72 hours beginning with the time when the patient's detention in hospital by virtue of the notice under section 17E above begins; and

(b)

references to being released shall be construed as references to being released from that detention (and accordingly from being recalled to hospital).

Annotations

Textual amendments

F1: Ss. 17A-17G inserted (1.4.2008 s. 17F for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32(2), 56 (with Sch. 10); S.I. 2008/745, art. 2(c)(i); S.I. 2008/1900, art. 2(i) (with art. 3, Sch. )

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Part II

Modifications

C1: Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)
C2: 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