Coronavirus Act 2020

Short-term detention certificates

4 (1) An approved medical practitioner may grant a short-term detention certificate in respect of a patient under section 44(1) without consulting a mental health officer if the practitioner considers that compliance with the requirement under that section to consult a mental health officer (and for the mental health officer to consent to the granting of the certificate) is impractical or would involve undesirable delay.

(2) Sub-paragraphs (3) to (6) apply where a short-term detention certificate (the “first certificate”) is in force in respect of a patient.

(3) Despite section 44(1)(b), an approved medical practitioner may grant one further short-term detention certificate (the “second certificate”) in respect of the patient under section 44(1).

(4) The second certificate may be granted before or on the expiry of the first certificate.

(5) If the second certificate is granted before the expiry of the first certificate, the first certificate expires on the granting of the second certificate.

(6) If the approved medical practitioner grants a second certificate, the practitioner must record the reasons why it has been impracticable to apply instead for a compulsory treatment order.

(7) Other than as mentioned in sub-paragraphs (3) to (6), section 44 (as modified by sub-paragraph (1)) applies in relation to a second certificate as it applies in relation to a first certificate.