Mental Health (Care and Treatment) (Scotland) Act 2003 Explanatory Notes

Criteria for emergency detention: tests applied by medical practitioner

69.The certifying practitioner must be satisfied that the conditions in subsection (5) are met. However, the practitioner need only consider it likely that the conditions in subsection (4) are met. Subsection (5)(c) also requires the practitioner to be satisfied that the process of trying to obtain a short-term detention certificate in respect of the patient would involve undesirable delay.

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