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CTO Recall — MRCPsych Paper B MCQ

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ModerateMental Health LawCTO RecallMRCPsych Paper B

A patient subject to a community treatment order (CTO) is recalled to hospital by the responsible clinician. From the time the patient's detention following recall begins, what is the maximum period for which they may be detained under the recall power before the CTO must be revoked or the patient released from that detention?

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Correct answer: E72 hours

The correct answer is E: 72 hours. Under section 17F of the Mental Health Act 1983, a patient recalled from a CTO may be detained in hospital for a maximum of 72 hours from the time detention following recall begins. The responsible clinician may release the patient earlier, in which case the CTO continues. If inpatient detention is required beyond 72 hours, the responsible clinician may revoke the CTO only with an approved mental health professional's agreement; the patient then becomes detained again under the authority that applied before the CTO, which is not necessarily section 3 and may include a relevant Part III order. Section 5(2) cannot extend the recall period. The 24-hour, 48-hour, 7-day and 14-day options reflect other legal time limits but do not apply to CTO recall.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, chapter 29, paragraphs 29.61–29.69, 2015. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/396918/Code_of_Practice.pdf