The Mental Health Act 1996 allows for the administration of medical treatment in the Wilfred Lopes Centre if:
You are capable of giving consent, with your informed consent; or
you are not capable of giving informed consent by reason of a disability;or
you have refused or failed to give consent or have withdrawn consent to the administration of the treatment; and
urgent treatment is necessary in your best interests, and for the protection of other people.
Emergency treatment can be given with the approval of the Chief Forensic Psychiatrist for a period not exceeding 4 days.
Interim medical treatment can be given with the authorisation of a single member of the Tribunal.
Interim medical treatment can only be given until the Full Tribunal determines the matter.
If you have requested treatment and/or your treating team decide that such treatment should be administered, you will be advised of the details of the treatment and any related information, such as possible side effects. If you have the capacity to give informed consent and you consent to the proposed medical treatment, the treatment will be administered as appropriate.
The Mental Health Act 1996 provides for the administration of medical treatment in circumstances where:
you are not capable of giving informed consent by reason of a disability (See - Guardianship and Administration Act 1995);
you have refused or failed to give consent or have withdrawn consent to the administration of the treatment;
urgent treatment is necessary in your best interests, and/or for the protection of other people e.g. to save your life, to prevent serious damage to your health or to prevent you from suffering or continuing to suffer significant pain or distress (this emergency treatment must be authorised by the Chief Forensic Psychiatrist and can only be given for a period of 96 hours; or
The Forensic Tribunal makes an order allowing the administration of the medical treatment.
In order for the Forensic Tribunal to make an order allowing the administration of the medical treatment, an application must be made to the Tribunal. This application can be made by an approved medical practitioner, the Chief Forensic Psychiatrist or the controlling authority of the secure mental health unit.
As soon as practicable after receiving the application, the Forensic Tribunal is to conduct a hearing in respect of the application.
A member of the Tribunal will determine whether the treatment needs to be commenced straight away or whether the treatment can be delayed until a full Tribunal hearing can be scheduled. If treatment needs to be commenced immediately, a single member of the Tribunal can authorise the treatment until such time as the application is heard by the full Tribunal. This is an Interim Authorisation to Administer Medical Treatment.
When deciding whether or not to authorise urgent interim treatment the single member of the Tribunal can make this decision without holding a hearing and without the patient being present. This will only be done in circumstances where the patients mental or physical state is so compromised that they would not be able to meaningfully participate in the hearing.
What if I consent to the treatment?
Fact sheet: Decisions of the Tribunal - Medical Treatment 