Section 63 Flashcards
What is the main principle of section 63?
With the power of section 63, a clinician can treat for a mental disorder without consent and without a SOAD.
What section 63(1) state?
“Any Medical Treatment can be given, so long as: (1) it is for the mental disorder from which he is suffering”.
What does section 63(2) state?
Any medical treatment can be given as long as: (2) It falls outside the other statutory safeguards in s.57, s.58 and s.58A.
What does section 63(3) state?
Any medical treatment can be given as long as: (3) It is given by or under the direction of the AC in charge.
What happens to detained patients under section 63?
If detained under section 2, 3 and 37 - the clinicians can provide the medical treatment for the mental disorder so long as it is not within the other safeguards.
What does section 63 give power to do?
It authorises what would otherwise be an assault.
What happens to a P with a capacity refusing treatment?
If sectioned, detained under section 3, then section 63 allows a patient to receive compulsory medical treatment of mental disorder even if they are refusing with capacity.
What constitutes ‘medical treatment’?
Section 145(4) MHA 1983: ‘medical treatment for the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.
What did Re (B) rule in relation to medical treatment?
That medical treatment, ‘includes nursing, psychological intervention and specialist mental health habitation, rehabilitation and care’ in section 145(1).
Is the definition of medical treatment broad?
YES
What was section 63 originally intended for when first enacted?
To be used for ‘perfectly routine, sensible treatment’.
What was the implication of section 63’s original purpose of enactment?
A lack of safeguards.
