Yes the question is “Does Section 58 apply to persons detained under S36 Mental Health Act 1983 (Amended 2007)?”
As usual ‘some’ people believe S58 applies and ‘some’ people believe it doesn’t. So as not to contaminate the question, I am not saying which ‘some-camp’ I am in.
I’m looking only for legally referenced reasoning.
No further context can be given. Sorry.
Yes it does. See s56 MHA. s56(3) means that Part 4 of the Act (which includes s58) applies to all classes of detained patients except those expressly listed - s36 patients are not so listed.
And S36 has no hope of getting out of the 3-month rule?
Might be misunderstanding your question, but the three month rule applies to s36 exactly as it applies to other relevant sections.
So, because s36 is limited to 12 weeks’ duration, s58 will rarely in practice apply to medication for s36 patients. But, in principle, it can if all or part of the three month period has already elapsed while the patient was on a different section immediately prior to being put on s36, eg the patient was on s3 immediately before the s36 started (unlikely but possible).
I’m staying out of that scenario because everybody except me, believes that S3 can lawfully run in tandem with S36.