Mental Health (Compulsory Assessment and Treatment) Act 1992

59 Treatment while subject to compulsory treatment order

• (1) Every patient who is subject to a compulsory treatment order shall, during the first month of the currency of the order, be required to accept such treatment for mental disorder as the responsible clinician shall direct.

  (2) Except during the period of 1 month referred to in subsection (1), no patient shall be required to accept any treatment unless—

  • (a) the patient, having had the treatment explained to him or her in accordance with section 67, consents in writing to the treatment; or

  • (b) the treatment is considered to be in the interests of the patient by a psychiatrist (not being the responsible clinician) who has been appointed for the purposes of this section by the Review Tribunal.

  (3) Where, during the period of 1 month referred to in subsection (1), the responsible clinician is satisfied—

  • (a) that the patient will need further treatment of a particular kind beyond the expiry of that period; and

  • (b) that the patient is unlikely to consent to that treatment,—

  the responsible clinician may, notwithstanding that the period has not expired, refer the case to the psychiatrist referred to in subsection (2)(b) for consideration, so as to ensure that the opinion of that psychiatrist is available on the expiry of that period.

  (4) The responsible clinician shall, wherever practicable, seek to obtain the consent of the patient to any treatment even though that treatment may be authorised by or under this Act without the patient's consent.