Part 6Short-term detention
Revocation of certificates
49Responsible medical officer’s duty to review continuing need for detention
1
Where a patient is detained in hospital under authority of a short-term detention certificate or an extension certificate, the patient’s responsible medical officer shall, from time to time, consider—
a
whether the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; and
b
whether it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate.
2
If, having complied with subsection (1) above, the responsible medical officer is not satisfied—
a
that the conditions referred to in paragraph (a) of that subsection continue to be met in respect of the patient; or
b
that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,
the responsible medical officer shall revoke the certificate.
3
The responsible medical officer shall, as soon as practicable after revoking a certificate under subsection (2) above, give notice of its revocation to—
a
the patient;
b
the patient’s named person;
c
any guardian of the patient;
d
any welfare attorney of the patient; and
e
the mental health officer who was consulted under section 44(3)(c) of this Act.
4
The responsible medical officer shall, before the expiry of the period of 7 days beginning with the day on which the certificate is revoked, give notice of its revocation to—
a
the Tribunal; and
b
the Commission.