MHA 1983 s61
For details, see Compulsory treatment.
Changes made by Mental Health Act 2007
- Additional safeguards for ECT introduced in new s58A 3/11/08
- Treatment while under SCT is covered by new Part 4A 3/11/08
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 16. Medical treatment for patients in hospital, etc (Part 4) [Note that the chapter number relates to the old Reference Guide], 17. Medical treatment of Supervised Community Treatment patients (Part 4A) [Note that the chapter number relates to the old Reference Guide] — paragraphs 16.62 to 16.67, and 17.50 and 17.51
- Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act, 24. Treatments subject to special rules and procedures
Review of treatment
61.—(1) Where a patient is given treatment in accordance with section 57(2)[, 58(3)(b) or 58A(4) or (5)] above[, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section),] [that falls within section 64C(4) below] a report on the treatment and the patient’s condition shall be given [by the approved clinician in charge of the treatment] to the [the regulatory authority]—
- (a) on the next occasion on which the [responsible clinician] furnishes a report [under section 20(3) [, 20A(4) or 21B(2) above in respect] of the patient]; and
- (b) at any other time if so required by the [the regulatory authority].
(2) In relation to a patient who is subject to a restriction order[, limitation direction] or restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made—
- (a) in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period;
- (b) in the case of treatment at any subsequent time, on the next occasion on which the [responsible clinician] makes a report in respect of the patient under section 41(6)[, 45B(3)] or 49(3) above.
(3) The [the regulatory authority] may at any time give notice [...] directing that, subject to section 62 below, a certificate given in respect of a patient under section. 57(2)[, 58(3)(b) or 58A(4) or (5)] above shall not apply to treatment given to him [(whether in England or Wales)] after a date specified in the notice and sections 57[, 58 and 58A] above shall then apply to any such treatment as if that certificate had not been given.
[(3A) The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.]
- Mental Health Act 2007 s12, s28, s34, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
- Health and Social Care Act 2012 s299(7); Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 (1/6/12)
- Health and Social Care Act 2008 sch 3; Health and Social Care Act 2008 (Commencement No 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 wef 1/4/09
- Mental Health (Patients in the Community) Act 1995
- Crime (Sentences) Act 1997