Hi, I have come across renewal section papers (Form H5) where no deletions have been made in parts 3 or 4 regarding furnishing of the report. The renewal form is from 2022. Does this potentially invalidate the renewal of the section? or does it not make any difference?
Part 3 of the H5 furnishes the renewal if the form is correctly completed and signed before the section expiry date.
The way in which the report was submitted does not invalidate the renewal.
I hope this is useful!
Thank you Maria.
Does this mean that if part 4 of the H5 is not signed, the renewal is invalid and ongoing detention unlawful? Can the hospital managers back date their signature?
From Jones, 26th Ed., p. 169: “The fact that Part 4 of the Form H5 might not be completed until after the section has expired does not invalidate the renewal, as it is the Form furnished by the patient’s RC that renews the section. The furnishing of the form must take place before the section expires.
A Form H5, which is defective because of a minor error or slip of the pen, would not render the renewal unlawful. Such errors may be corrected and initialed even though the rectification procedure in Section 15 does not apply to this section.”
Therefore, if Form H5 has been furnished and received before the section expires, the form can be signed after the section expires.
In your case, Part 4 of the H5 can be signed with the current date by the person authorized to receive it.