Commentary on Sections Part 16 – Medical Treatment
423.Part 16 contains provisions relating to the giving of medical treatment to patients. The expression “medical treatment” is defined in section 329(1).
424.Patients who are subject to short-term detention certificates and offenders subject to various orders imposed by the criminal courts (including treatment orders and interim compulsion orders) are liable to be given medical treatment compulsorily. A patient subject to a compulsory treatment order or an interim compulsory treatment order is liable to be given medical treatment compulsorily only if that is specified as a measure in the order. In the case of an offender made subject to a compulsion order, the sentencing court must specify whether the order authorises the giving of medical treatment.
425.In addition to the specific requirements set out in this Part, any medical practitioner giving treatment must have regard to the principles set out in section 1, and to any advance statement made by the patient (see sections 275 and 276).