Mental Health Act 1983 (England & Wales)
Allows detention of patients for (1) treatment of
mental disorder (not physical illness),
(2) health and safety of the patient or of others.
- Section 2
(Admission for Assessment)
- Needs approved social worker/nearest relative) + GP + psychiatrist.
28 days not renewable.
- Section 3
(Admission for Treament)
- Exact diagnosis required. Treatment must either
improve the patient or prevent deterioration.
Care in the community must be contraindicated.
Needs NR/ASW + GP + psychiatrist.
6 months
(renewable for a further 6 months and annually thereafter).
- Section 4
(Emergency Treatment)
- Urgent admission hospital necessary (otherwise use Section 2).
Needs NR/ASW + GP.
May convert to Section 2 but not Section 3.
72 hours not renewable.
- Section 5(2)
(Doctor's emergency holding powers)
- Detention of informal inpatient by any doctor.
Usually converted to Section 2.
72 hours not renewable.
- Section 5(4)
(Nurse's emergency holding powers)
- Detention of an informal inpatient by nurse.
6 hours not renewable.
- Section 136
(Police powers)
- Police may take the patient to a place of
safety (usually A&E) pending assessment (usually converted to Section 2).
72 hours not renewable.