The Structure & a Summary of the Act Part One – the 2003 Act Section 10: Maximum suspension of detention measures
33.A patient who is subject to a CTO or an interim CTO can have measures authorising the detention under those orders suspended in terms of section 127 of the 2003 Act. At present, a patient’s responsible medical officer (RMO) can grant a certificate suspending detention, as an important part of the patient’s rehabilitation process, allowing patients extended time out of hospital, but still subject to conditions imposed by the RMO. The power is exercised at the RMO’s discretion. Under the current provisions, an RMO can suspend measures authorised by a CTO for up to 6 months in a single certificate. More than one certificate can be granted but the total period of suspension cannot exceed 9 months in any 12 month period. For the purposes of this provision, section 127(4) provides that a period may be expressed as the duration of an event or a series of events and any associated travel. Section 128 of the 2003 Act allows for suspension of measures other than detention for those subject to a CTO. More than one certificate can be granted but the total period cannot exceed 3 months.