Mental Health (Compulsory Assessment and Treatment) Act 1992

Part 11 Miscellaneous provisions

123 Vetting of incoming mail

(1)

The responsible clinician may, with the approval of the Director of Area Mental Health Services, direct that any letter or other postal article addressed to a patient be opened and checked if there are reasonable grounds for believing that the receipt of the letter or other postal article by the patient could be detrimental to the interests of the patient and to his or her treatment.

(2)

Where, on checking any letter or other postal article under subsection (1), it is considered that the receipt of the letter or other postal article by the patient could be detrimental to the interests of the patient and to his or her treatment, the responsible clinician may, with the approval of the Director of Area Mental Health Services, direct that it be withheld from the patient.

(3)

Notwithstanding anything in subsection (2), no letter or other postal article addressed to a patient may be withheld from the patient if it is sent by or on behalf of any of the following persons:

(a)

a member of Parliament:

(b)

a Judge or officer of any court, or a member or officer of any other judicial body:

(ba)

the Inspector-General of Intelligence and Security:

(c)

an Ombudsman:

(d)

the Director-General of Health or the Director:

(e)

a district inspector or an official visitor:

(f)

the person in charge of the hospital:

(g)

a barrister or solicitor:

(h)

any psychiatrist from whom the patient has sought a second opinion about the patient’s condition.

Compare: 1969 No 16 s 62

Section 123(3)(ba): inserted, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).