Part 9Compulsion orders

Chapter 2Review of compulsion orders

Extension of order following first review

147Proposed extension on first review: mental health officer’s duties

1

The mental health officer shall, as soon as practicable after receiving notice under section 146(2) of this Act, comply with the requirements in subsection (2) below.

2

Those requirements are—

a

subject to subsection (3) below, to interview the patient;

b

to inform the patient—

i

that the patient’s responsible medical officer is proposing to make an application under section 149 of this Act for an order under section 167 of this Act;

ii

of the patient’s rights in relation to such an application; and

iii

of the availability of independent advocacy services under section 259 of this Act;

c

to take appropriate steps to ensure that the patient has the opportunity of making use of those services; and

d

to inform the patient’s responsible medical officer—

i

as to whether the mental health officer agrees, or disagrees, that the proposed application should be made;

ii

if the mental health officer disagrees, of the reason why that is the case; and

iii

of any other matters that the mental health officer considers relevant.

3

If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.