Mental Health Act 2013

On authorising the admission of an involuntary patient to an SMHU under section 63, the Chief Psychiatrist is to – determine the period for which the patient may be detained in the SMHU (the period of detention); and give notice of the admission, the reasons for the admission and the period of detention to the patient (together with a statement of rights, relating to the patient's rights under Part 4 and Part 5, in an approved form); and give notice of the admission and the period of detention to – the controlling authority of the SMHU; and the controlling authority of the approved hospital from which the patient is being transferred; and the Tribunal.

The Chief Psychiatrist may extend the period of detention and, to avoid doubt, may do so more than once.

On extending the period of detention, the Chief Psychiatrist is to – give notice of the extension, and the reasons for it, to the patient (together with a statement of rights in an approved form); and give notice of the extension to – the controlling authority of the SMHU; and the controlling authority of the approved hospital from which the patient was transferred; and the Tribunal.

If, at any time, the Chief Psychiatrist is satisfied that the patient no longer meets the requirements of admission, the Chief Psychiatrist is to – arrange for the patient to be transferred to an approved hospital; and keep such written records of the transfer as the Chief Psychiatrist considers reasonable.

To effect the transfer, an authorised person may – take the patient under escort; and remove the patient from the SMHU; and take the patient to an approved hospital.

For the purposes of subsection (8), the custody and escort provisions apply. The admission of an involuntary patient to an SMHU under this Subdivision (and any extension of the period of detention) is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3.