Section 58 Flashcards
What is section 58’s principle function?
To safeguard
What safeguard does s.58 give?
The Three Month Medication Rules
What does s.58 require?
It requires consent or a SOAD
What are the requirements under s.58?
“After 3 months, medicine can continue to be given if:
(a) Patient with capacity consents (certified by AC or SOAD)
(b) Patient with capacity refuses or lacks capacity but SOAD certifies that it is ‘appropriate’ for the treatment to be given
What did Parliament in 1983 decide regarding s.58?
It allows doctors to have a 3-month window to try out psychiatric drugs on detained patients. The window permits compulsory if necessary. The rationale of the Three-Month Window was to give the drugs time to work.
What if the Patient refuses continued administration?
Their refusal can be trumped by SOAD, even after 3-moth period, refusing with capacity, it can still be overruled by the SOAD.
What are the grounds for the SOAD to overrule the P?
It must be ‘appropriate’ - even if it is merely appropriate for the medication to be given, a SOAD can overrule the P’s refusal of medication. “Appropriate Threshold”.
What is the test for capacity in Code of Practice for s.57, 58, 58A?
“The act refers to the patient being ‘capable of understanding the nature, purpose and likely effect’ of the treatment. However, for all practicable purposes this can be understood to mean the same as the test of whether the P has the capacity to consent.
How does the Test for Capacity differ in MCA?
MCA - understanding is not enough. For a test of capacity, it looks if a patient can understand, use, retain and communicate information.
What did Baroness Hale say about the supposed MHA capacity test and MCA capacity test?
Even though the MHA does not expressly state it, for purposes we should be using the MCA. In Wilkinson v Broadmoor, Hale read into the MHA for the capacity test in the MCA.
