http://www.legislation.gov.uk/asp/2003/13/section/44/2011-04-01Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2026-02-04Expert Participation2011-04-01 Part 6 Short-term detention<Emphasis>Short-term detention certificate</Emphasis>Short-term detention in hospital441Where—aan approved medical practitioner carries out a medical examination of a patient;bthe patient does not fall within subsection (2) below; andcsubsection (3) below applies,the approved medical practitioner may, before the expiry of the period of 3 days beginning with the completion of the medical examination, grant a short-term detention certificate authorising, if the condition mentioned in subsection (6) below is satisfied, the measures mentioned in subsection (5) below.2The patient falls within this subsection if, immediately before the medical examination mentioned in subsection (1)(a) above is carried out, the patient is subject to—aa short-term detention certificate;ban extension certificate;csection 68 of this Act; orda certificate granted under section 114(2) or 115(2) of this Act.3This subsection applies where—athere is no conflict of interest in relation to the medical examination;bthe approved medical practitioner considers that it is likely that the conditions mentioned in subsection (4) below are met in respect of the patient;cthe approved medical practitioner consults a mental health officer; anddthe mental health officer consents to the grant of a short-term detention certificate.4The conditions referred to subsection (3)(b) above are—athat the patient has a mental disorder;bthat, because of the mental disorder, the patient’s ability to make decisions about the provision of medical treatment is significantly impaired;cthat it is necessary to detain the patient in hospital for the purpose of—idetermining what medical treatment should be given to the patient; oriigiving medical treatment to the patient;dthat if the patient were not detained in hospital there would be a significant risk—ito the health, safety or welfare of the patient; oriito the safety of any other person; andethat the granting of a short-term detention certificate is necessary.5The measures referred to in subsection (1) above are—athe removal, before the expiry of the period of 3 days beginning with the granting of the short-term detention certificate, of the patient to a hospital or to a different hospital;bthe detention of the patient in hospital for the period of 28 days beginning with—iif, immediately before the certificate is granted, the patient is not in hospital, the beginning of the day on which admission under authority of the certificate of the patient to hospital first takes place;iiif, immediately before the certificate is granted, the patient is in hospital, the beginning of the day on which the certificate is granted;cthe giving to the patient, in accordance with Part 16 of this Act, of medical treatment.6The condition referred to in subsection (1) above is that the measure mentioned in subsection (5)(b)(i) above is authorised by the certificate only if, before the patient is admitted to hospital under authority of the certificate, the certificate is given to the managers of that hospital.7If an approved medical practitioner grants a short-term detention certificate in respect of a patient who, immediately before the certificate is granted, is in hospital, the approved medical practitioner shall, as soon as practicable after granting the certificate, give the certificate to the managers of that hospital.8Regulations may specify—athe circumstances in which there is to be taken to be; andbthe circumstances in which there is not to be taken to be,a conflict of interest in relation to the medical examination.9The short-term detention certificate—ashall state the approved medical practitioner’s reasons for believing the conditions mentioned in subsection (4) above to be met in respect of the patient; andbshall be signed by the approved medical practitioner.10Before granting the short-term detention certificate, the approved medical practitioner shall, subject to subsection (11) below, consult the patient’s named person about the proposed grant of the certificate; and the approved medical practitioner shall have regard to any views expressed by the named person.11The approved medical practitioner need not consult a named person as mentioned in subsection (10) above in any case where it is impracticable to do so.S. 44 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1Words in s. 44(2) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 32(4)S. 44 in force at 5.10.2005 in so far as not already in force 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)