Legislation – Mental Health Act 2025

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Grounds for detention and community treatment orders

6Grounds for community treatment orders

(1)

The Mental Health Act 1983 is amended as follows.

(2)

In section 17A (community treatment orders)—

(a)

in subsection (5), for paragraphs (b) to (e) substitute—

“(b)

serious harm may be caused to the health or safety of the patient or of another person unless the patient receives medical treatment,

(c)

it is necessary, given the nature, degree and likelihood of the harm, for the patient to receive medical treatment,

(d)

subject to the patient being liable to be recalled as mentioned in paragraph (e), the necessary treatment can be provided without the patient being detained in a hospital,

(e)

it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) to recall the patient to hospital, and

(f)

appropriate medical treatment is available for the patient.”

(b)

in subsection (6), for “(5)(d)” substitute “(5)(e)”.

(3)

In section 20A (community treatment period)—

(a)

in subsection (4)(b), for “conditions set out in subsection (6) below are satisfied” substitute “criteria in section 17A(5) are met”;

(b)

omit subsection (6);

(c)

for subsection (7) substitute—

“(7)

Subsection (6) of section 17A applies for the purposes of subsection (4)(b) of this section as it applies for the purposes of subsection (4)(a) of that section.”;

(d)

in subsection (8)(a), for “conditions set out in subsection (6) above are satisfied” substitute “criteria in section 17A(5) are met”.

(4)

The amendments made by subsection (2), so far as relating to persons who are liable to be detained by virtue of Part 3 of the Mental Health Act 1983, apply in relation to such a person whether the person became so liable before or after the coming into force of this section.

(5)

The amendments made by subsection (3), so far as relating to persons who are subject to community treatment orders (within the meaning given by section 17A of the Mental Health Act 1983) by virtue of Part 3 of that Act, apply in relation to such a person whether the person became subject to a community treatment order before or after the coming into force of this section.