Does a S37/41 recall go on S62 to be medicated and SOAD application be completed?
I believe they would be subject to the Three Month Rule for medication if they have been recalled on a S37/41.
No. 37/41 recall is enirely unrelated to S62 except by swerving tangential association.
No,if there is the urgent need for treatment, they can be recalled before SOAD process is started or completed
So the Answer is yes to S62 must be completed before the recall if there is the need for him /her to be medicated
No is for the fact that wr don’t have to wait for SOAD process or initiation
Hope this answers both of your questions,as this is how l understand your question
I believe so, 3 months would have likely long passed on the original admission
s62 applies to recalled restricted patients, but won’t be necessary for medication in the short term, because the three month grace period in s58 restarts on recall (as Tracey says).
Section 58(1)(b) says the section applies to
“the administration of medicine to a patient by any means […] at any time during a period for which he is liable to be detained as a patient to whom this Part of this Act applies if three months or more have elapsed since the first occasion in that period when medicine was administered to him by any means for his mental disorder.”
The key words are “in that period”. s58 doesn’t apply to patients while they are conditionally discharged (see s56(3)(c)). So recall triggers a fresh period of relevant detention.
See para 23.29 of the MHA Reference Guide for confirmation.
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