Does Section 58 apply to persons detained under S36 Mental Health Act 1983 (Amended 2007)?

Law and practice Mental Health Act
1

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.

2

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.