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6. What is required for Section 58 treatment?

  • P's consent, SOAD/AC certified P's capacity to consent (Section 58(3)(c))
  • P's consent, SOAD/AC certified P's capacity to consent (Section 58(3)(c)) or SOAD approves treatment despite lack of consent/capacity
  • SOAD approves treatment despite lack of consent/capacity

7. What are the eligibility periods for Section 45A?

  • Every 12
  • Same as for Section 37/41 - second 6, 12 until restrictions cease then same as Notional 37
  • 6,6,12

8. What does Section 75 govern?

  • Absolute discharge
  • CTO criteria
  • Part 2 discharge criteria
  • Part 3 discharge criteria

9. Can Court terminate the remand?

  • Yes if appropriate - Section 35(7)
  • No - Section 35(7)

10. What if P lacks capacity and is subject to Section 58A treatment?

  • SOAD must certify P lacks capacity, appropriate treatment and no conflict with NR view - Section 58A(5)
  • SOAD must certify P lacks capacity, appropriate treatment and no conflict with advanced decision - Section 58A(5)
  • SOAD must certify P lacks capacity, appropriate treatment and no conflict with RC advise - Section 58A(5)

11. What rule allows the MHT to add someone as a respondent?

  • Rule 9(2)
  • Rule 9(1)
  • Rule 9(3)

12. Can deferred discharge be used when NR applies?

  • Yes - R(B) v. MHRT
  • No - R(B) v. MHRT

13. What will happen to a person detained under Section 136?

  • detained for purpose of examination by registered medical practitioner and interviewed by IMHA and any necessary arrangements made.
  • detained for purpose of examination by registered medical practitioner and interviewed by AMHP and any necessary arrangements made.
  • detained for purpose of examination by Section 12 Dr and interviewed by AMHP and any necessary arrangements made.

14. What are the MHT eligibility periods if on CTO from Section 3?

  • 6,6,12 from CTO
  • 12 from Section 3
  • 6,12,12 from CTO
  • 6,6,12 from Section 3

15. What does Section 135 warrant allow?

  • police to remove P to place of safety with view to making Part 2 application
  • police to enter if needed by force and remove P to place of safety with view to making Part 2 application
  • police to enter without force and remove P to place of safety with view to making Part 2 application

16. What does Section 26(2) say?

  • Any step siblings treated as siblings
  • Any half relative treated as blood
  • Any step parents treated as parents

17. Is it lawful to discharge in anticipation of DOLS?

  • Yes - DN v. Northumberland NHSFT
  • No - DN v. Northumberland NHSFT

18. What section governs absolute discharge of a conditionally discharged P?

  • Section 42
  • Section 38
  • Section 75
  • Section 76

19. What are the Part 4 provisions?

  • safeguards for P in relation to compulsory treatment
  • SOAD scheme
  • treatments that require P to sign consent form

20. What should we do post-CPA?

  • Get minutes and chase any points not being done
  • Nothing
  • Get minutes and refer to at MHT