Mental Health (Compulsory Assessment and Treatment) Act 1992

125 Procedure where letter withheld

• (1) Where the responsible clinician withholds any letter or other postal article pursuant to section 123, it shall be dealt with as follows:

  • (a) if the address of the sender is known to the responsible clinician, it shall be returned to the sender:

  • (b) if the address of the sender is not known to the responsible clinician, it shall either be—

    • (i) posted to a district inspector or an official visitor; or

    • (ii) produced to the district inspector or the official visitor who next visits the hospital after the receipt of the letter or article.

  (2) Where the responsible clinician withholds any letter or other postal article pursuant to section 124, it shall either be—

  • (a) posted to a district inspector or an official visitor; or

  • (b) produced to the district inspector or the official visitor who next visits the hospital after the letter or other postal article has been put out for posting.

  (3) Where any letter or other postal article is withheld pursuant to section 123 or section 124, the patient shall be informed of the fact, unless the responsible clinician is satisfied that to do so would be detrimental to the interests of the patient and to his or her treatment.

  Compare: 1969 No 16 s 64