Commentary on Sections Part 2 – Lack of Capacity: Protection from Liability, and Safeguards Chapter 8 – Supplementary Section 62 – Disregard of certain detention
Section 62 is the equivalent of Article 10 of the Mental Health Order. It applies to any person who has been detained in circumstances amounting to a deprivation of liberty under Part 2 of the Act apart from under Schedule 1 (in other words short-term detention for examination of an illness only) and does not subsequently become liable to be detained in hospital under that Schedule. In such cases, the effect of the section is that the detention does not have to be disclosed where information is being sought about the person’s previous health other than in judicial proceedings. The detention or failure to disclose it can also not be used as grounds for dismissing or excluding the person from any office etc. or prejudicing the person in any way in any occupation or employment. Any disqualification, disability, prohibition or penalty relating to the fact that P has been detained under the Act also does not apply.