Part 6

Short-term detention

Extension certificate

Extension of detention pending application for compulsory treatment order
47
1
Where—
a
a patient is detained in hospital under authority of a short-term detention certificate;
b
an approved medical practitioner carries out a medical examination of the patient; and
c
subsections (2) and (3) below apply,
the approved medical practitioner may, before the expiry of the period of 24 hours beginning with the completion of that medical examination, grant a certificate (any such certificate being referred to in this Act as an “extension certificate”) authorising the measures mentioned in subsection (4) below.
2
This subsection applies where—
a
there is no conflict of interest in relation to the medical examination; and
b
the approved medical practitioner considers—
i
that the conditions mentioned in paragraphs (a) to (d) of section 44(4) of this Act are met in respect of the patient; and
ii
that because of a change in the mental health of the patient, an application should be made under section 63 of this Act for a compulsory treatment order.
3
This subsection applies where—
a
no application has been made under section 63 of this Act;
b
it would not be reasonably practicable to make an application under that section before the expiry of the period of detention authorised by the short-term detention certificate; and
c
subject to subsection (6) below—
i
the approved medical practitioner consults a mental health officer about the proposed grant of an extension certificate; and
ii
the mental health officer consents to the granting of the extension certificate.
4
The measures referred to in subsection (1) above are—
a
the detention in hospital of the patient for the period of 3 days beginning with the expiry of the period for which the short-term detention certificate authorises the detention of the patient in hospital; and
b
the giving to the patient, in accordance with Part 16 of this Act, of medical treatment.
5
Regulations may specify—
a
the circumstances in which there is to be taken to be; and
b
the circumstances in which there is not to be taken to be,
a conflict of interest in relation to the medical examination.
6
An approved medical practitioner need not consult or seek consent under subsection (3)(c) above in any case where it is impracticable to do so.
7
In reckoning the period of days mentioned in subsection (4)(a) above, there shall be left out of account any day which is not a working day.
8
In this section “working day” means a day which is not—
a
Saturday;
b
Sunday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in Scotland.
S. 47 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1