180Making of temporary treatment order

180 Making of temporary treatment order

(1) An authorised psychiatrist may make a temporary treatment order in respect of an assessment patient or a court assessment patient if the authorised psychiatrist—

(a) has examined the assessment patient or court assessment patient; and

(b) is satisfied that the compulsory treatment criteria apply to the assessment patient or court assessment patient.

(2) In determining whether to make a temporary treatment order in respect of an assessment patient or court assessment patient, the authorised psychiatrist—

(a) must have regard to the following, to the extent that is reasonable in the circumstances—

(i) the patient's views and preferences about the treatment of the patient's mental illness and any beneficial alternative treatments that may be reasonably available, including—

(A) views or preferences expressed in the patient's advance statement of preferences (if any); and

(B) views or preferences expressed by the patient's nominated support person (if any);

(ii) the patient's reasons for their views and preferences, including any recovery outcomes that the patient would like to achieve;

(iii) the views of any guardian of the patient;

(iv) the views of any carer of the patient, if the authorised psychiatrist is satisfied that the making of a temporary treatment order will directly affect the care relationship between the carer and the patient;

(v) the views of a parent of the patient, if the patient is under 16 years of age;

(vi) the views of the DFFH Secretary, if that Secretary has parental responsibility for the patient under a relevant child protection order; and

(b) may have regard to any other relevant information, including information communicated to the authorised psychiatrist by any other person.

(3) The person who makes a temporary treatment order in respect of an assessment patient must not be the same person who made the assessment order in respect of the assessment patient.

An authorised psychiatrist may delegate to a registered medical practitioner who is employed or engaged by a designated mental health service the power to make a temporary treatment order—see section 329.