Part 6

Short-term detention

Short-term detention certificate

Mental health officer’s duty to interview patient etc.
45
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.
S. 45 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)