Commentary on Sections Part 7 – Compulsory Treatment Orders Chapter 5: breach of orders Detention provisions
157.Sections 112 and 113 relate to a patient who is subject to a compulsory treatment order or an interim compulsory treatment order which does not authorise that patient’s detention in hospital; and make provision for breach of the order.
158.Section 112 applies specifically to the patient’s breach of a requirement in the order to attend a specified place with a view to receiving medical treatment (the “attendance requirement”). Where a patient has breached the attendance requirement, the responsible medical officer may, with the consent of a mental health officer, make arrangements for that patient to be admitted to hospital or to be taken to the place the patient is required to attend by the attendance requirement. The patient may be detained for no more than 6 hours from the point at which he or she arrives at the hospital or other place (section 112(4) and (5)).
159.Section 113 applies to patients who fail to comply with any of the measures specified in a community-based compulsory treatment order or community-based interim compulsory treatment order. The patient may be taken into custody and conveyed to a hospital either by the responsible medical officer or by a person authorised for that purpose by the responsible medical officer. The patient may then be detained for a period of up to 72 hours. Before the responsible medical officer can exercise this power, however, he or she must be satisfied that subsection (2) or (3) applies in the patient’s case.
160.Section 113(6) provides that as soon as reasonably practicable after the patient has been conveyed to hospital under section 113(5), a medical examination of the patient must be carried out by either the patient’s responsible medical officer or an approved medical practitioner.
161.Section 114 makes provision for the situation where a patient subject to a compulsory treatment order is detained in hospital under section 113(5) after a breach of the terms of the order. The patient’s responsible medical officer may grant a certificate under subsection (2) authorising the patient’s continued detention in hospital for a further period of up to 28 days. Before granting such a certificate, however, the responsible medical officer must comply with the conditions listed at subsections (1), (3) and (4). Subsection (5) requires the responsible medical officer to list the reasons for believing that if the patient does not continue to be detained in hospital that it is reasonably likely that there will be a significant deterioration in the patient’s mental health. It is also a requirement that the certificate be signed by the responsible medical officer.
162.Section 115 makes provision for the situation where a patient subject to an interim compulsory treatment order is detained in hospital under section 113(5) after a breach of the terms of the order. Subsection (2) confers power on the responsible medical officer to grant a certificate authorising the patient’s continued detention in hospital until the point at which the interim compulsory treatment order would have expired. A certificate may be granted only if the conditions in subsections (1), (3) and (4) are met.