Section 17 removes the power to administer urgent treatment to patients with the relevant capacity or competence on the basis that it is considered immediately necessary to alleviate serious suffering by the patient, as is currently permissible under section 62 of the 1983 Act. In practice, this change allows patients who have capacity or competence at the time to decide on the degree of suffering they are willing to accept, strengthening the patient’s right to self-determination and thereby further embedding the principle of choice and autonomy. This change does not apply to patients who lack the relevant capacity, including those who made an advance decision. This section otherwise seeks to maintain the ability to administer compulsory medication in urgent circumstances, providing a backstop for exceptional situations.
Treatment Section 17: Urgent treatment to alleviate serious suffering