Part 7

Compulsory treatment orders
Chapter 5

Breach of orders

Non-compliance generally with order

Non-compliance generally with order
113
1
Where—
a
a patient is subject to—
i
a compulsory treatment order; or
ii
an interim compulsory treatment order,
that does not authorise the detention of the patient in hospital;
b
the patient fails to comply with any measure authorised by the order; and
c
subsection (2) or (3) below applies,
the power conferred by subsection (4) below may be exercised.
2
This subsection applies if the patient’s responsible medical officer considers that—
a
reasonable steps have been taken to contact the patient following the patient’s failure to comply with the measure;
b
if contact has been made with the patient, the patient has been afforded a reasonable opportunity to comply with the measure; and
c
if the patient were to continue to fail to comply with the measure, it is reasonably likely that there would be a significant deterioration in the patient’s mental health.
3
This subsection applies if the patient’s responsible medical officer considers that—
a
if the patient were to continue to fail to comply with the measure, it is reasonably likely that there would be a significant deterioration in the patient’s mental health; and
b
it is necessary as a matter of urgency that the power conferred by subsection (4) below be exercised.
4
The patient’s responsible medical officer may take, or may cause a person authorised for the purpose by the responsible medical officer to take, the patient into custody and convey the patient to a hospital.
5
Where the power conferred by subsection (4) above is exercised in relation to a patient, the patient may be detained in hospital for the period of 72 hours beginning with the arrival by virtue of that subsection of the patient in hospital.
6
As soon as reasonably practicable after the patient has been conveyed to a hospital, the responsible medical officer shall—
a
carry out a medical examination of the patient; or
b
make arrangements for an approved medical practitioner to carry out such an examination.
S. 113 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)