🔑 Key Learning

  • The Mental Health Act (1983, amended 2007) provides the legal framework for the detention, assessment, and treatment of individuals with mental disorders
  • Section 2 and 3 are the most commonly used for formal admission to hospital
    • Detain for assessment → Section 2
    • Detention for treatment up to 6 months → Section 3
  • Holding powers (Sections 5(2) and 5(4)) apply only to current inpatients
    • Section 5(2) → 72-hour hospital hold for voluntary inpatient
  • Police powers (Sections 135 and 136) differ based on whether the person is in a private property or a public place

📜 Overview: The Mental Health Act 1983

  • Provides legal powers to detain, assess, and treat individuals with mental disorders
  • Balances the need for care/control with patients’ rights
  • Commonly used when there is risk to self or others and the person lacks insight or capacity

🧾 Key Sections of the Act

🧠 Section 2 – Admission for Assessment

  • Purpose: Detain for up to 28 days for assessment ± treatment
  • Criteria:
    • Mental disorder present
    • Necessary for health/safety or protection of others
  • Application:
    • By AMHP or nearest relative
    • Requires 2 doctors (1 psychiatrist)

💊 Section 3 – Admission for Treatment

  • Purpose: Detain for up to 6 months for treatment (renewable)
  • Criteria:
    • Mental disorder requiring hospital treatment
    • Necessary for health/safety or protection of others
    • Appropriate treatment available
  • Application: AMHP or nearest relative + 2 doctors

🚨 Section 4 – Emergency Admission

  • Purpose: Emergency detention for up to 72 hours to allow Section 2 assessment
  • Criteria:
    • Urgent need for admission
    • Delay to get second medical opinion undesirable
  • Application: AMHP or nearest relative + 1 doctor

🩺 Section 5(2) – Doctor’s Holding Power

  • Purpose: Hold voluntary inpatient for up to 72 hours to allow MHA assessment
  • Criteria:
    • Risk to self or others
    • Mental disorder present
  • Application: Initiated by doctor or approved clinician

🌱 Section 5(4) – Nurse’s Holding Power

  • Purpose: Hold voluntary inpatient for up to 6 hours
  • Criteria:
    • Mental disorder
    • Risk present
    • Doctor not immediately available
  • Application: Initiated by registered mental health nurse

🏠 Section 135 – Police Removal from Property

  • Purpose: Police enter private premises (e.g. patient's home) and remove person to place of safety
  • Criteria:
    • Reasonable cause to suspect mental disorder
    • Person may be neglected/ill-treated or at risk
  • Application: Magistrate issues warrant based on AMHP application

🚓 Section 136 – Police Removal from Public Place

  • Purpose: Police remove person from public place to place of safety
  • Criteria:
    • Appears mentally unwell and in immediate need of care/control
  • Application: Police act directly – no warrant needed

📝 Exam Clues & Clinchers

  • 72-hour hospital hold for voluntary inpatient, initiated by doctor → Section 5(2)
  • Police remove person from public park → Section 136
  • Detention for treatment up to 6 months → Section 3
  • AMHP + 2 doctors detain for assessment → Section 2
  • Nurse holding patient until doctor arrives → Section 5(4)
  • Police enter patient's flat with warrant to remove patient → Section 135