Mental Health Act 2016
sec.237Performance of electroconvulsive therapy in emergency
Start here
Get a plain-English read of sec.237
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.237 Performance of electroconvulsive therapy in emergency
This section applies to the following (each a relevant patient )— an involuntary patient subject to a treatment authority, forensic order or treatment support order; a person from another State detained in an authorised mental health service under section 368 (3) (b) . A doctor for an authorised mental health service may perform electroconvulsive therapy on the relevant patient in the authorised mental health service if— a certificate under subsection (3) is in force for the relevant patient; and an application under section 507 has been made to the tribunal to perform electroconvulsive therapy on the relevant patient and is not decided. The doctor and the senior medical administrator of the relevant patient’s treating health service may certify in writing that performing electroconvulsive therapy on the relevant patient is necessary— to save the relevant patient’s life; or to prevent the relevant patient from suffering irreparable harm. A certificate given under subsection (3) is in force for the period that— starts on the day the application under section 507 is made; and ends on the day the application under section 507 is decided. Section 727 (a) provides that an application under section 507 must be heard as soon as practicable after the application is made. s 237 amd 2022 No. 1 s 117 s ch 1 pt 2 (sec.237-ssec.1) This section applies to the following (each a relevant patient )— an involuntary patient subject to a treatment authority, forensic order or treatment support order; a person from another State detained in an authorised mental health service under section 368 (3) (b) . (sec.237-ssec.2) A doctor for an authorised mental health service may perform electroconvulsive therapy on the relevant patient in the authorised mental health service if— a certificate under subsection (3) is in force for the relevant patient; and an application under section 507 has been made to the tribunal to perform electroconvulsive therapy on the relevant patient and is not decided. (sec.237-ssec.3) The doctor and the senior medical administrator of the relevant patient’s treating health service may certify in writing that performing electroconvulsive therapy on the relevant patient is necessary— to save the relevant patient’s life; or to prevent the relevant patient from suffering irreparable harm. (sec.237-ssec.4) A certificate given under subsection (3) is in force for the period that— starts on the day the application under section 507 is made; and ends on the day the application under section 507 is decided. Section 727 (a) provides that an application under section 507 must be heard as soon as practicable after the application is made.
- (a) an involuntary patient subject to a treatment authority, forensic order or treatment support order;
- (b) a person from another State detained in an authorised mental health service under section 368 (3) (b) .