Mental health law resource

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Overview

Table

Section Number Length of section Who can do it? Can it be renewed? What's it for? Can they force treament?
2 28 Days 2 doctors No Assessment or treatment. Yes
3 6 Months 2 doctors Yes Treatment only. Yes
4 72 Hours A doctor No Admittance to hospital only. No
5(2) 72 Hours A doctor No Detention only if already admitted, until two doctors can assess. AKA “power to hold” No
5(4) 6 Hours A mental health nurse No Detention only if already admitted, until two doctors can assess. AKA “power to hold” No
18 - A cop - Power to detain someone already sectioned and not in hospital, for transit to hospital. No power of entry. No
35 28 Days A court and a doctor Yes Alternative to bail if assessment of your mental health is impossible were you to be bailed. No
37 6 Months A court and two doctors Yes In place of jail or prison, as ordered by a court. Yes
47 6 Months The ministry of justice Yes Transit from a prison to a hospital as ordered by the Ministry of Justice. Yes
135 24 Hours A court(directing cops) Extended once, for 12 Hours Transit to “a place of safey”(under exceptional circumstances, a police station). Allows powers of entry. No
137 24 Hours A cop Extended once, for 12 Hours Transit to “a place of safey”(under exceptional circumstances, a police station). No

Holding sections

Section 4

General use

Powers

Common Misuses and mistakes

Time limits

Section 5(2)

General use

Powers

Common Misuses and mistakes

Time limits

Section 5(4)

General use

Powers

Common Misuses and mistakes

Time limits

Treatment sections

Section 2

General use

Powers

Common Misuses and mistakes

Time limits

Section 3

General use

Powers

Common Misuses and mistakes

Time limits

Police sections

Section 18

General use

Powers

Common Misuses and mistakes

Time limits

Section 135

General use

Powers

Common Misuses and mistakes

Time limits

Section 136

General use

Powers

Common Misuses and mistakes

Time limits

Judicial sections

Section 35

General use

Powers

Common Misuses and mistakes

Time limits

Section 37

General use

Powers

Common Misuses and mistakes

Time limits

Section 47

General use

Powers

Common Misuses and mistakes

Time limits

Other sections

The mental capacity act