Currently, section 58 of the 1983 Act applies to medication for mental disorder when three months have passed from the day on which that treatment was first given to the patient during the existing period of detention. It can also apply to other forms of treatment specified in regulations, although no such regulations have been made. Section 58 requires that, after three months have passed, either an approved clinician or a second opinion appointed doctor must certify that the patient is capable of understanding the nature, purpose and likely effects of the treatment. Alternatively, a second opinion appointed doctor must certify that the patient’s treatment is appropriate and that the patient is either capable of understanding the nature, purpose and likely effects of the treatment and is not consenting, or that the patient is not capable of understanding the nature, purpose and likely effects of the treatment.
	Sections 13, 14 and 15 amend section 58 so that, rather than the need for certification uniformly applying to all patients after a specified time period, there will be three new categories of safeguard (see Table 1). These are organised around whether the patient has or lacks capacity or competence to consent to the treatment in question.
Treatment Section 12: Appointment of doctors to provide second opinions Section 58 (medicine) – background