Mental
Health, Capacity and Self-Determination (Jersey) Amendment Law 202-
Adopted
by the States 26 March 2026
Sanctioned
by Order of His Majesty in Council [date to be inserted]
Registered by the Royal Court [date to be inserted]
Coming into force [date to be inserted]
THE STATES, subject to the sanction of His Most
Excellent Majesty in Council, have adopted the following Law –
Part 1
Mental Health (Jersey) Law 2016
amended
1 Mental Health (Jersey) Law 2016 amended
Articles 2 to 49 amend
the Mental Health
(Jersey) Law 2016.
2 Article 1
(interpretation) amended
(1) In
Article 1(1) –
(a) after the definition
“admission application” there is inserted –
“AMHP” refers to an approved
mental health professional within the meaning of Article 6;
“approved clinician” means a
person approved by the Minister under Article 16;
(b) the definition “approved
practitioner” is deleted;
(c) the definition
“authorized officer” is deleted;
(d) after the definition
“Court” there is inserted –
(e) after the definition
“function” there is inserted –
(f) after the definition
“patient” there is inserted –
“postal item” means a letter,
parcel, packet or other article transmissible by post and includes the
contents;
(g) for the definition
“responsible medical officer” there is substituted –
“responsible clinician” has
the meaning given in Article 1A;
(2) After
Article 1 there is inserted –
(1) In
this Law, “responsible clinician” means –
(a) the approved clinician
with overall responsibility for the following cases –
(i) a
patient liable to be detained under Part 3;
(ii) a
defendant remanded under Article 62;
(iii) a
defendant remanded under Article 63;
(iv) a
defendant admitted and detained under Article 64;
(v) a
defendant admitted and detained under Article 65;
(vi) a
defendant whose sentence of imprisonment has additional directions under
Article 67;
(vii) a
person who is transferred from prison or secure accommodation and detained
under Article 69;
(b) in relation to a patient
subject to guardianship under this Law, an approved clinician authorised by the
Minister to act, either generally or in a particular case, as the responsible
clinician.
3 Article 4 (appointment
of administrator) amended
In Article 4(2), for
“Mental Health Review Tribunal” there is substituted “Tribunal”.
4 Article 6 (authorized
officers) substituted
For Article 6 there
is substituted –
6 Approved
mental health professionals
(1) The
Minister may approve a person to carry out functions under this Law, including,
if appropriate, functions conferred on the Minister under this Law.
(2) That
person is referred to as an approved mental health professional (an “AMHP”).
(3) The
Minister must not approve a person as an AMHP unless –
(a) they are registered in
respect of a registrable occupation under the Health Care Law; and
(b) the Minister is
satisfied, on the production of evidence that may be prescribed, that the
person is experienced and trained in the field of mental health practice and in
the operation of legislation relating to mental health.
(4) The
Minister may approve a person as an AMHP subject to the terms and conditions
that the Minister thinks fit.
(5) An
AMHP must perform their functions –
(a) with fairness and
impartiality; and
(b) in the best interests of
each patient in whose care or treatment they are involved.
(6) The
Minister may revoke an approval under this Article, and may vary the terms and
conditions upon which an approval is granted.
5 Part 2 heading amended
For the heading to Part 2
there is substituted –
6 Article 8
(definition of ‘nearest relative’) amended
In Article 8 –
(a) for the heading there is
substituted “Nearest relative”;
(b) in paragraph (2),
for “for treatment” there is substituted “to an approved establishment”;
(c) in paragraph (5)(a),
for “paragraph (1)(b) to (h)” there is substituted “paragraph (3)(b) to
(h)”.
7 Article 9 (‘nearest
relative’ of certain patients aged under 18) amended
In Article 9, for
the heading there is substituted “Nearest relative of certain patients aged
under 18”.
8 Article 10 (nomination
of nearest person) amended
(1) For
Article 10(1) there is substituted –
(1) A
patient who is aged 18 or over may nominate a person as their nearest
person –
(a) in the prescribed form;
or
(b) in writing by giving
substantially the same information as is required to be given in the prescribed
form.
(1A) The
nomination form must be provided to the person nominated, and a copy of it
provided to the Minister.
(2) For
Article 10(3) there is substituted –
(3) A
nomination under paragraph (1) or (2) cannot take effect unless the person
nominated (“R”) has given their consent to acting as the patient’s nominated
nearest person.
(3A) R’s
consent must be –
(a) in the prescribed form;
or
(b) in writing by giving
substantially the same information as is required to be given in the prescribed
form.
(3B) A
nomination under paragraph (1) or (2) may be revoked or varied by further
written notice given by the patient or the Minister.
9 Article 13 (rights
of nearest person to receive information as to patient’s case or treatment)
amended
In Article 13 –
(a) in paragraphs (1)(a),
(2) and (4), for “responsible medical officer” there is substituted “responsible
clinician or managers of the approved establishment, if applicable,”;
(b) in paragraphs (1)(b)
and (c), and (3)(b) and (c), for “responsible medical officer” there is
substituted “responsible clinician”.
10 Article 13A
(interpretation) inserted
Before Article 14
there is inserted –
In this Part, “M” means the managers of the approved establishment.
11 Article 15 (emergency
admissions) amended
For Article 15 there is
substituted –
(1) This
Article applies if a patient –
(a) is brought to, or
presents themselves at, an approved establishment; or
(b) has been admitted to an
approved establishment under the arrangements mentioned in Article 14(1)(a),
but no longer consents to remain.
(a) it
is likely that the patient is suffering from mental disorder; and
(b) allowing
the patient to remain at liberty would endanger either the patient’s safety or
that of other people.
(3) The
registered medical practitioner or approved clinician must record their authorization
under paragraph (2) in writing and send a copy as soon as practicable to the
Minister.
(4) A
patient admitted under paragraph (2) may be detained for a period that expires
on whichever of the following occurs first –
(a) the end of the period of
72 hours beginning with the time when the opinion mentioned in paragraph (2)
is formed;
(b) an approved clinician
forms the opinion that the grounds in paragraph (2) no longer apply in
respect of the patient;
(c) the patient is admitted
for assessment or treatment under Article 21 or 22.
(5) For
the purposes of paragraph (2), there is no urgent necessity if an
application for assessment or treatment authorization under Article 21
or 22 could be made without undue delay.
(6) The
approved clinician must record their opinion under paragraph (4)(b) in writing
and send a copy as soon as practicable to the Minister.
12 Article 16 (approved
practitioners) substituted
For Article 16 there
is substituted –
(1) The
Minister may approve the following individuals as an approved clinician if the
Minister is satisfied, on the production of evidence that may be prescribed,
that the individual has sufficient experience and training in the field of
mental health and in the operation of legislation relating to mental health –
(a) a registered medical
practitioner;
(b) a
person registered in respect of a registrable occupation under the Health Care
Law.
(a) approve an individual on
the terms and conditions that the Minister thinks fit;
(b) revoke the approval; and
(c) vary the terms and
conditions of the approval.
(3) The
Minister’s approval of a registered medical practitioner as an approved practitioner
before the commencement of the Mental Health, Capacity and Self-Determination (Jersey)
Amendment Law 202- is treated as an approval of the registered medical
practitioner as an approved clinician.
13 Article 20 (effect of
admission application) amended
In Article 20(1)(b),
for “the managers of the approved establishment (“M” in this Part)” there is
substituted “M”.
14 Article 22
(treatment authorization) amended
In Article 22 –
(a) for paragraph (1)(b)
there is substituted –
(b) it is necessary that the
patient is detained in an approved establishment for treatment –
(i) in the interests of the patient’s health
or safety; or
(ii) for the protection of
other persons.
(b) in the introductory words
of paragraph (4) and paragraph (6), for “responsible medical officer”
there is substituted “responsible clinician”;
(c) for paragraph (4)(a)
there is substituted –
(a) the renewal of the
treatment authorization, if it appears to the responsible clinician that –
(i) the patient continues to be suffering from
mental disorder of a nature or degree that warrants the detention of the
patient in an approved establishment for treatment; and
(ii) it is necessary that the
patient continues to be liable to be detained in an approved establishment for
treatment –
(A) in the interests of the
patient’s health or safety; or
(B) for the protection of
other persons; or
15 Article 39
(treatment not requiring consent) amended
In Article 39(b),
for “patient’s responsible medical officer” there is substituted “approved
clinician in charge of the patient’s treatment”.
16 Article 40
(treatment requiring both consent and a second opinion) amended
(1) In
Article 40(3)(a), for “patient’s responsible medical officer” there is
substituted “approved clinician in charge of the treatment that is to be given
to the patient”.
(2) For
Article 40(3)(b) there is substituted –
(b) 1 other person who must
be a mental health professional who is or has been professionally concerned
with the treatment of the patient,
17 Article 41
(treatment requiring either consent or a second opinion) amended
In
Article 41 –
(a) for paragraph (1)(a)
there is substituted –
(a) the
patient has consented to the treatment, and the following has certified in
writing that the patient is capable of understanding the nature, purpose and
likely effects of the proposed treatment and has consented to receive it –
(i) the
approved clinician in charge of the treatment that is to be given to the
patient;
(ii) an
approved clinician who is a registered medical practitioner; or
(iii) a
SOAD; or
(b) for paragraph (4)
there is substituted –
(4) A
SOAD must not give a certificate in writing as required by paragraph (1)(b)
unless, in accordance with any further provision made by a code of practice on
consultation, the SOAD has consulted –
(a) the approved clinician in
charge of the treatment to be given to the patient; and
(b) 1 other person who must
be a mental health professional who is or has been professionally concerned
with the treatment of the patient.
18 Article 44
(emergency treatment) amended
In Article 44(2),
for “responsible medical officer” there is substituted “approved clinician in
charge of the treatment”.
19 Article 47 (establishment
of Panel and appointment of qualified persons) amended
In Article 47(3)(b), for “approved practitioner” there is
substituted “registered medical practitioner who is an approved clinician”.
20 Article 50 (principal
functions of the Tribunal) amended
For the text of Article 50
there is substituted –
(1) The principal functions
of the Tribunal are to –
(a) determine applications
made under Part 2 of the Schedule;
(b) determine references made
by the Minister or the Attorney General under Article 51; and
(c) review authorizations for
removal under Article 85.
(2) The
Tribunal must also discharge other functions that are conferred on it under
this Law or under another enactment.
21 Article 50A (application
to Tribunal for review or discharge) inserted
After Article 50 there is
inserted –
(a) a
review of a decision or exercise of a power; and
(b) the
discharge of a patient if the patient is liable to be detained for the time
being.
(2) Part 2 of the Schedule makes further
provision about an application under this Article.
(3) In this Article, “applicant” means a person
listed in the table in the Schedule, Part 2, paragraph 7.
22 Article 51
(reference to Tribunal by Minister or Attorney General) amended
For the text of Article 51
there is substituted –
(a) a
patient liable to be detained under Part 3;
(b) a
patient subject to guardianship under Part 4; or
(c) a
patient liable to be detained under Article 65 if no restriction order has
been made under Article 68.
(2) The
Tribunal must deal with a reference under paragraph (1) as if it were an
application made by the patient under Article 50A.
23 Article 60 (interpretation
and application of Part 9) amended
In Article 60(1)(c),
before the definition “place of safety” there is inserted –
“mental condition report”
means a report on the defendant’s mental condition;
24 Article 61 (remand
on bail for report) amended
For Article 61(1)
there is substituted –
(1) A
court may remand the defendant on bail for the purpose of obtaining a mental
condition report and in doing so may order that the person attend an approved
establishment, at times and on conditions that the court may specify, to enable
the preparation of the report.
25 Article 62 (remand
to approved establishment for report) amended
(1) For
Article 62(1) there is substituted –
(a) it
is satisfied of the matters specified in paragraph (2); and
(b) it
is of the opinion that –
(i) the
defendant would not comply with an order under Article 61; or
(ii) were
the defendant remanded on bail under that Article, it would otherwise be
impracticable for a mental condition report to be prepared.
(2) In
Article 62(2) –
(a) in sub-paragraph (a),
for “approved practitioner” there is substituted “approved clinician”;
(b) in sub-paragraph (b),
for “the approved practitioner who would be responsible for making the report,
or some other” there is substituted “a”.
(3) In
Article 62(3) –
(a) for “approved
practitioner” there is inserted “approved clinician”;
(b) after “making the” there
is inserted “mental condition”;
(c) for “the assessment of
the defendant’s medical condition” there is substituted “that report”.
(4) In
Article 62(5)(a), before “medical practitioner” there is inserted
“registered”.
26 Article 63 (remand
to approved establishment for treatment) amended
(1) In
Article 63(2) –
(a) in sub-paragraph (a),
for “approved practitioner” there is substituted “approved clinician”;
(b) in sub-paragraph (b),
for “the responsible medical officer, or some other” there is substituted “a”.
(2) In
Article 63(3), for “approved practitioner responsible for making the report”
there is substituted “responsible clinician”.
27 Article 64 (interim
orders) amended
(1) In
Article 64(2) –
(a) in sub-paragraph (a),
for “approved practitioner” there is substituted “approved clinician”;
(b) in sub-paragraph (b),
for “the responsible medical officer, or some other” there is substituted “a”.
(2) In
Article 64(4) and (5)(b), for “responsible medical officer” there is
substituted “responsible clinician”.
28 Article 65
(treatment orders) amended
(1) In
Article 65(1)(a) –
(a) after “2” there is
inserted “registered”;
(b) for “approved
practitioner” there is substituted “approved clinician”.
(2) In
Article 65(1)(c), for “the approved practitioner or some other” there is
substituted “a”.
29 Article 66
(guardianship orders) amended
In Article 66(1)(a) –
(a) after “2” there is
inserted “registered”;
(b) for “approved
practitioner” there is substituted “approved clinician”.
30 Article 67
(directions where sentence of imprisonment to be served in approved
establishment) amended
(1) In
Article 67(1)(a) –
(a) after “2” there is
inserted “registered”;
(b) for “approved
practitioner” there is substituted “approved clinician”.
(2) In
Article 67(1)(b), for “the responsible medical officer or some other”
there is substituted “a”.
(3) In
Article 67(7)(b), for “responsible medical officer” there is substituted
“responsible clinician”.
31 Article 69 (transfer and
detention orders) amended
(1) In
Article 69(2)(a), for “approved practitioner” there is substituted
“approved clinician”.
(2) In
Article 69(2)(c), for “the approved practitioner responsible for giving
the evidence under sub-paragraph (a), or another” there is substituted
“a”.
(3) In
Article 69(7) and (11), for “responsible medical officer” there is
substituted “responsible clinician”.
32 Article 73 (offence
of wilful neglect) amended
(1) In
Article 73(1), for the introductory words there is substituted “A manager
or member of staff of an approved establishment commits an offence if they
ill-treat or wilfully neglect”.
(2) In
Article 73(2), for the introductory words there is substituted “An
individual commits an offence if the individual ill-treats or wilfully
neglects”.
(3) For
Article 73(3) there is substituted –
(3) A
person who commits an offence under this Article is liable to imprisonment for
a term of 5 years and to a fine.
33 Article 74 (sexual
offences: prohibited acts) amended
In Article 74(1),
for “It is an offence for any person (“A”) to commit” there is substituted “A
person (“A”) commits an offence if A commits”.
34 Article 75 (sexual
offences: relationship of care) amended
For Article 75(1)
there is substituted –
(1) A
person (“A”) involved in the care of a person (“B”) who is suffering from a
mental disorder in a way described in paragraph (3) or (4) commits an offence
if A –
(a) commits a prohibited act
with, towards or in relation to B; or
(b) procures by inducement,
threat or deception B’s participation in a prohibited act.
35 Article 76 (sexual
offences: coercion) amended
In Article 76, for
“It is an offence for any person (“A”) to procure” there is substituted “A
person (“A”) commits an offence if A procures”.
36 Article 77 (sexual
offences: penalties) amended
In Article 77(1) and
(2) for “guilty of” there is substituted “who commits”.
37 Article 80 (forgery
and false statements) substituted
For Article 80 there
is substituted –
(1) A
person commits an offence if the person, with intent to deceive –
(a) forges
a document required or authorised to be made under or for the purposes of this
Law; or
(b) uses,
allows another person to use, or makes or has in their possession a document that
the person knows to be forged or to so closely resemble a document listed in paragraph (2)
as to be calculated to deceive.
(2) The
documents mentioned in paragraph (1)(b) include –
(a) an
application under Part 3;
(b) a
medical recommendation, report or information required to be made, given or
provided under this Law; or
(c) another
document required or authorised to be made under or for a purpose of this Law.
(3) A
person commits an offence if the person –
(a) knowingly
makes a false entry or statement in a document listed in paragraph (2); or
(b) with
intent to deceive, makes use of that false entry or statement knowing it to be
false.
(4) A
person who commits an offence under this Article is liable to imprisonment for
a term of 2 years and to a fine.
38 Article 82
(restrictions on access to electronic media and communications etc.) amended
(1) For
Article 82(1) there is substituted –
(a) electronic
media or electronic communications;
(b) a
telephone (including any form of personal mobile device).
(1A) A
restriction on communication must not be imposed unless, in the opinion of the
managers, it is necessary to do so on the following grounds –
(a) that
it is in the interests of the health or safety of the patient; or
(b) that
it is for the protection of other persons.
(2) For
Article 82(2) there is substituted –
(2) A
restriction on communication may, in particular, include –
(a) restriction of the
ability of a patient to contact a specified person by any means mentioned in paragraph (1),
if the person has requested that restriction by notice in writing to the
managers or to the responsible clinician; and
(b) confiscation of an
article or device that may be used for the purposes of accessing electronic
media or electronic communications.
(3) For
Article 82(3) there is substituted –
(3) If
a restriction on communication is imposed –
(a) the managers must, no
later than 7 days after it is imposed, notify the patient in writing of
the restriction and of the right to review under Article 84; and
(b) the managers must record
in writing the fact and nature of the restriction.
(4) In
Article 82(4) –
(a) for “Paragraph (1) shall
not apply so as to” there is substituted “A restriction imposed under paragraph
(1) does not”;
(b) in sub-paragraph (i), for
“Mental Health Review Tribunal” there is substituted “Tribunal”.
39 Article 83
(restrictions on postal correspondence) amended
(1) For
Article 83(1) there is substituted –
(1) The
managers of an approved establishment may withhold a postal item addressed to a
patient detained in that establishment.
(1A) A
decision to withhold under paragraph (1) must not be imposed unless, in
the opinion of the managers, it is necessary to do so on the following
grounds –
(a) in the interests of the
health or safety of the patient; or
(b) for the protection of
other persons.
(2) For
Article 83(2) there is substituted –
(2) The
managers of an approved establishment may withhold a postal item addressed by a
patient detained in that establishment from dispatch on the following
grounds –
(a) that the addressee has
given notice in writing to the managers or the responsible clinician that any
communications addressed to the addressee by the patient should be withheld; or
(b) that it appears to the
managers that the communication –
(i) would be likely to cause distress to the
addressee; or
(ii) might cause danger to
any person.
(3) In
Article 83(3) –
(a) for “Paragraphs (1) and
(2) shall not apply so as to” there is substituted “Restrictions imposed under this
Article must not”;
(b) in sub-paragraph (i), for
“Mental Health Review Tribunal” there is substituted “Tribunal”.
(4) In
Article 83(4) –
(a) for “packet” there is
substituted “item”;
(b) for “(1)” there is
substituted “(1A)”.
(5) For
Article 83(5) there is substituted –
(5) If
a postal item is withheld under this Article –
(a) the managers must, no later
than 7 days after the postal item is withheld, give notice in writing of
the fact and of the right to review under Article 84 –
(i) to the patient;
(ii) if paragraph (1)
applies, to the person who sent the postal item (if that person can be
identified from the item or its contents); and
(iii) if paragraph (2)
applies, to the addressee; and
(b) the managers must record
in writing the fact of, and reason for, the withholding.
(6) Article 83(6)
is deleted.
40 Article 84 (review
of restrictions, and offence where restriction unlawful) substituted
For Article 84 there
is substituted –
84 Review of restrictions, and offence if restriction unlawful
(a) to
impose a restriction on communication under Article 82(1); or
(b) to
withhold a postal item under Article 83(1) or (2).
(a) to
lift the restriction on communication; or
(b) to
release the postal item to the patient or dispatch it.
(5) If the Tribunal determines that grounds
continue to exist, it must uphold the decision and may direct the managers of
the approved establishment –
(a) in
a case falling under Article 82(1), to modify the restriction on
communication in whatever manner the Tribunal directs; or
(b) in
a case falling under Article 83, to release some of the contents of the
postal item if continuing to withhold that content would not meet the grounds
for withholding the postal item under Article 83(1A) or 83(2).
(6) Unless
a person imposes the restriction under Article 82 or 83, a person commits an
offence if they restrict –
(a) a patient’s access to
electronic media or to electronic communications or to a telephone (including
any form of personal mobile device); or
(b) the receipt or dispatch
of a postal item by a patient.
(7) A
person who commits an offence under this Article is liable to a fine of
level 3 on the standard scale.
41 Article 91 (offence of
assisting patient to abscond) substituted
For Article 91 there
is substituted –
(1) A
person commits an offence if they induce or knowingly assist –
(a) a
patient who is liable to be detained under this Law to absent themselves without
leave from an approved establishment; or
(b) a
patient who is subject to guardianship under this Law to absent themselves
without leave from their guardian’s custody.
(2) A
person commits an offence if they –
(a) knowingly
harbour a patient who is –
(i) absent
without leave; or
(ii) otherwise
at large and liable to be retaken under Part 5 or Part 9;
(b) give
assistance to a patient with intent to prevent, hinder or interfere with them
being retaken into custody or returned to an approved establishment.
(3) A
person who commits an offence under this Article is liable to imprisonment for
a term of 2 years and to a fine.
42 Article 92 (offence
of obstruction) substituted
For Article 92 there
is substituted –
(1) A
person commits an offence if they –
(a) refuse to allow the
inspection of the whole or part of –
(i) an
approved establishment; or
(ii) premises
within the definition “place of safety” under Article 34(1);
(b) without
reasonable excuse, refuse to allow a visit, interview or examination of a
patient by a person authorised to do so under this Law (the “authorised
person”);
(c) refuse
to produce a document or record that the authorised person requires for
inspection; or
(d) otherwise
obstruct the authorised person in the exercise of their functions under this
Law.
(2) A
person who commits an offence under this Article is liable to imprisonment for
a term of 3 months and to a fine of level 3 on the standard scale.
43 Article 97 (saving)
deleted
Article 97 is
deleted.
44 Schedule heading amended
In the Schedule heading,
for “50” there is substituted “50A”.
45 Schedule, Part 1 (constitution
and proceedings of mental health review tribunal) amended
In the Schedule, Part 1,
for paragraph 6 there is substituted –
(1) A
member of the Panel commits an offence if the member discloses a document or
other information –
(a) relating
to the business or affairs of a person; and
(b) that
is acquired by the member in the course of exercising their functions as a
member of the Panel.
(2) But
no offence is committed if the disclosure is made –
(a) with
the consent of (or with consent lawfully given on behalf of) –
(i) the
person to whom the disclosure relates; and
(ii) if
different, the person from whom the document or information was acquired; or
(b) to
the extent that the disclosure is necessary –
(i) to
enable the member to exercise functions as a member of the Panel;
(ii) in
the interests of the investigation, detection, prevention or prosecution of
crime; or
(iii) to
comply with an order of a court.
(3) A
person who commits an offence under this Article is liable to a fine.
46 Schedule, Part 2
(applications to the Tribunal) amended
For Part 2 there is
substituted –
Part 2
Applications to the tribunal
7 Application to
Tribunal for review or discharge under Article 50A
Only 1 application may be made in respect of a decision or exercise
of power within the time limit specified in the table below, unless a previous
application made within the time limit has been withdrawn.
|
|
|
|
|
Detention under an assessment
authorisation (including detention during the initial period (as defined in
Article 20(1)(b))
|
(a)
|
the patient to whom the
authorisation relates; or
|
14 days beginning with the
day on which notice is given under Article 20(2) that the patient is
admitted to an approved establishment
|
|
(b)
|
the patient’s nearest person
|
|
First detention under a treatment
authorisation (including detention during the initial period (as defined in
Article 20(1)(b))
|
(a)
|
the patient to whom the
authorisation relates; or
|
6 months beginning with the
day on which notice is given under Article 20(2) that the patient is
admitted to an approved establishment
|
|
(b)
|
the patient’s nearest person
|
|
First renewal of detention under
a treatment authorisation
|
(a)
|
the patient to whom the
authorisation relates; or
|
6 months beginning with the
day on which the authorisation is first renewed
|
|
(b)
|
the patient’s nearest person
|
|
Subsequent renewal of detention
under a treatment authorisation
|
(a)
|
the patient to whom the
authorisation relates; or
|
12 months beginning with the
day on which the authorisation is renewed
|
|
(b)
|
the patient’s nearest person
|
|
Exercise of power to recall from
absence
|
(a)
|
the patient in respect of whom
the power is exercised; or
|
14 days beginning with the
day on which the power is exercised
|
|
(b)
|
the patient’s nearest person
|
|
Detention in custody following absence without leave
|
(a)
|
the patient who is taken into custody; or
|
28 days beginning with the day on which the
patient is detained
|
|
(b)
|
the patient’s nearest person
|
|
Reception into guardianship
|
(a)
|
the patient to whom the
guardianship authorisation relates; or
|
6 months beginning with the
day on which the guardianship authorisation is made
|
|
(b)
|
the patient’s nearest person
|
|
The making or renewal of a
treatment order
|
(a)
|
the patient to whom the order
relates; or
|
6 months beginning with the
day on which the order is made or renewed
|
|
(b)
|
the patient’s nearest person
|
|
Decision by managers of an
approved establishment to restrict access to electronic media, electronic
communications or a telephone
|
(a)
|
the patient whose access is
restricted; or
|
6 months beginning with the
day on which the applicant received notice under Article 82(3) that
access is restricted
|
|
(b)
|
the patient’s nearest person
|
|
Decision by managers of an
approved establishment to withhold a postal item
|
(a)
|
the patient whose postal item is
withheld;
|
6 months beginning with the
day on which the applicant receives notice under Article 83(5) that the
postal item has been withheld
|
|
(b)
|
the patient’s nearest person;
|
|
(c)
|
the person (other than the
patient) who sent the postal item to the patient; or
|
|
(d)
|
the addressee of the postal item
|
47 Amendments consequential to
Article 2 of this Law
(1) In
the following provisions, for “approved practitioner” there is substituted
“approved clinician” –
(a) Article 17(1)(b)(iii)
and (3);
(b) Article 18(3);
(c) Article 19(2);
(d) Article 28(5);
(e) Article 29(4);
(f) Article 45(1) and
(2).
(2) In
Article 19(2), for “approved practitioners” there is substituted “approved
clinicians”.
(3) In
the following provisions, for “responsible medical officer” there is
substituted “responsible clinician” –
(a) Article 14(1)(b);
(b) Article 24(1),
(2)(b), (4), (6) in the 2 places it appears, (7) and (8), and (10) in the 2
places it appears;
(c) Article 27(1), (2)
in the 2 places it appears, (4), and (5) in the 3 places it appears;
(d) Article 28(5)(b);
(e) Article 33(4) in the
2 places it appears;
(f) Article 45(2)(b);
(g) Article 68(6).
(4) in
the following provisions, for “that officer” there is substituted “the
responsible clinician” –
(a) Article 24(6) and
(7);
(b) Article 27(5)(a).
48 Amendments consequential
to Article 4 of this Law
(1) In
the following provisions, for “authorized officer” there is substituted “AMHP” –
(a) Article 11(2)(b) and
(3);
(b) Article 18(2)(a) and
(c);
(c) Article 19(3)(a);
(d) Article 29(2)(a);
(e) Article 30(2)(c);
(f) Article 31(1)(d);
(g) Article 35(1),
(2)(a), (5) and (6)(a);
(h) Article 37(2)(c).
(2) In
Article 12(2)(b), for “a duly authorized officer” there is substituted “an
AMHP”.
(3) In
Article 79(5)(c), for “authorized officers” there is substituted “AMHPs”.
49 Amendments consequential
to Article 20 of this Law
(1) In
the following provisions, for “the rights conferred on a patient by Article 50(1)”
there is substituted “the right to make an application to the Tribunal under Article 50A” –
(a) Article 20(5);
(b) Article 21(5);
(c) Article 22(9);
(d) Article 24(7);
(e) Article 25(3);
(f) Article 30(3).
(2) In
Article 53(1), for “under Article 50 or 51 to apply to the Tribunal”
there is substituted “to apply to the Tribunal under Article 50A or refer
a patient’s case to the Tribunal under Article 51”.
50 Consequential amendments
Schedule 1 contains
amendments consequential to this Part.
Part 2
Capacity and Self-Determination (Jersey) Law 2016
amended
51 Capacity and Self-Determination (Jersey) Law 2016 amended
Articles 52 to 61
amend the Capacity
and Self-Determination (Jersey) Law 2016.
52 Article 9 (certain
acts of restraint etc. which are not permitted) amended
In Article 9(2)(a),
for “and” there is substituted “or”.
53 Article 34
(qualifications of and general provisions concerning delegates) amended
In Article 34(10),
“or upon the delegate’s resignation,” is deleted.
54 Article 37
(interpretation and application of Part 5) amended
For Article 37(3)
there is substituted –
(3) In
this Part, a “relevant place” means –
(a) a hospital (except its
emergency department);
(b) an approved care home;
(c) premises on which the
conditions of a person’s registration under the Regulation of Care
(Jersey) Law 2014 permit them to carry on a regulated activity; or
(d) an establishment
designated by the Minister for the purposes of providing health or social care,
or both health and social care.
55 Article 38
(circumstances permitting significant restriction on liberty) amended
For Article 38(1) there
is substituted –
(1) The
manager (“M”) of a relevant place in which P is residing must not impose on P a
significant restriction on P’s liberty unless 1 of the criteria in paragraph (2)
is fulfilled in respect of P.
56 Article 41
(arrangements to be made by Minister: requirement for authorization) amended
In Article 41(1) –
(a) for “deprivation of”
there is substituted “restriction on”;
(b) in sub-paragraph (b),
for “such a deprivation” there is substituted “the restriction”.
57 Article 44 (manner
of assessment) amended
(1) For
Article 44(2) there is substituted –
(2) An
assessor must carry out the assessment by –
(a) conducting 1 or more
interviews with P; and
(b) obtaining medical evidence
that confirms that, at the date of the assessment, P suffers from an impairment
or a disturbance in the functioning of their mind or brain.
(2) After
Article 44(2) there is inserted –
(a) by
consulting the registered medical practitioner who has assessed P immediately
before the assessor’s first interview with P under paragraph (2)(a); or
(b) by
means of a written copy of the opinion of a registered medical practitioner who
assessed P in the 12-month period immediately before the assessor’s first
interview with P under paragraph (2)(a) (the “previous opinion”).
(2B) The
assessor can rely on the previous opinion only if satisfied that, at the time
of the assessor’s own assessment, the previous opinion continues to be
accurate.
(3) In Article 44(3) –
(a) for “paragraph (2)(b),”
there is substituted “paragraph (2A)”;
(b) in sub-paragraph (a),
after “who” there is inserted “, at the time of the assessment,”.
58 Article 48 (standard
authorizations) amended
For Article 48 there
is substituted –
48 Standard authorizations
(1) The
Minister may authorize the imposition of significant restrictions on P’s
liberty (a “standard authorization”) if the Minister is satisfied that –
(a) an assessment of P has
been duly completed in accordance with Articles 44 and 45; and
(b) the report of the assessment
is affirmative.
(2) A
standard authorization must not authorize the imposition of significant
restrictions on P’s liberty for a period of longer than 12 months
beginning with the date the standard authorization takes effect.
(3) The
Minister must give notice in writing of the standard authorization to the
assessor and to M as soon as practicable after the authorization was given.
(4) A
standard authorization must specify –
(a) P’s name;
(b) M’s name and the name of
any other registered person concerned;
(c) the date (or if
applicable, the event) on which, and the period during which, the authorization
is to take effect;
(d) having regard to Article 45(2)(e),
the nature and extent of the significant restrictions on P’s liberty that are
authorized to be imposed; and
(e) any conditions or
directions relating to the imposition of those restrictions.
(5) The
Minister may make further provision in the code of practice issued under
Article 68 about the form and content of a standard authorization.
(6) Despite
paragraph (4)(d) the Minister may authorize significant restrictions to be
imposed on P’s liberty that are different (whether in specific respects or by
their nature) to a restriction that has been recommended by the assessor.
(7) If
the Minister considers it is in P’s best interests to do so, the Minister may
authorize a significant restriction that conflicts with a decision of –
(a) a person on whom P has
conferred a lasting power of attorney under Part 2; or
(b) a delegate appointed by
the Court under Part 4.
(8) Nothing
in this Article is to be taken to permit the Minister to authorize a
significant restriction on P’s liberty that conflicts or would conflict with a
valid advance decision made by P under Part 3.
(9) Paragraph (10)
applies if an assessor’s report under Article 45 made before the
commencement of the Amendment Law contained recommendations for the application
of restraints (“recommended restraints”).
(10) A
standard authorization given further to the assessor’s report before the
commencement of the Amendment Law –
(a) for the avoidance of
doubt, is not taken to have authorized recommended restraints; but
(b) from the commencement of
the Amendment Law only, the recommended restraints are taken to be authorized
by that standard authorization.
“Amendment Law” means the
Mental Health, Capacity and Self-Determination Amendment (Jersey) Law 202-;
“restraints” means restraints
within the meaning of Article 9(2) as at the date of commencement of the
Amendment Law.
(12) This
paragraph and paragraphs (9) to (11) expire 12 months after the Amendment
Law is registered.
59 Article 55 (review of
authorizations by Tribunal) amended
In Article 55 –
(a) after paragraph (2) there
is inserted –
(a) by
a person listed in paragraph (1)(b); and
(b) no
more than once during the period for which that standard authorization remains
in effect.
“Amendment Law” has the meaning given in Article
48(11);
“recommended restraints” has the meaning given
in Article 48(9);
“restraints” has the
meaning given in Article 48(11).
(2D) This
paragraph and paragraphs (2A), (2B) and (2C) expire 12 months after the
Amendment Law is registered.
(b) in paragraph (3)(a), for
“paragraph (1)” there is substituted “this Article”;
(c) in paragraph (3)(b),
“such” is deleted;
(d) in paragraph (3)(c), for
“the application” there is substituted “an application”;
(e) in paragraph (4), for
“under paragraph (1)” there is substituted “for review under this Article”.
60 Article 59
(temporary restriction of liberty for purpose of life-sustaining treatment)
amended
In Article 59(2),
for “health and safety” there is substituted “health or safety”.
61 Article 72 (repeal)
amended
In Article 72, for “curatelles shall cease” there is substituted “curatorship ceases”.
62 Consequential amendments
Schedule 2 contains
amendments consequential to this Part.
Part 3
Citation
and commencement
63 Citation and commencement
This Law may be cited as
the Mental Health, Capacity and Self-Determination (Jersey) Amendment Law 202-
and comes into force on a day to be specified by the Minister for Health and
Social Services by Order.