Part 6Short-term detention

Short-term detention certificate

I145Mental health officer’s duty to interview patient etc.

1

Subject to subsection (2) below, before deciding whether to consent for the purposes of section 44(3)(d) of this Act, a mental health officer shall—

a

interview the patient;

b

ascertain the name and address of the patient’s named person;

c

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

d

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

2

If it is impracticable for the mental health officer to—

a

interview the patient; or

b

ascertain the name and address of the patient’s named person,

the mental health officer shall comply with the requirements in subsection (3) below.

3

Those requirements are—

a

recording the steps taken by the mental health officer with a view to complying with the duty concerned; and

b

before the expiry of the period of 7 days beginning with the day on which the mental health officer is consulted by an approved medical practitioner under section 44(3)(c) of this Act, giving a copy of the record to the approved medical practitioner.