Legal aspects

Question 1

Section 2

Answer 1

• 2 doctors (at least 1 of whom should be section 12(2) approved)
• 1 AMHP (approved mental health practitioner)
• can take sometime for the 3 people to meet
• community or inpatient (anywhere except prison)
• section for maximum of 28 days for assessment (and treatment) of a mental disorder
• appeal within first 14 days - heard within 7 days by a tribunal

Question 2

Section 3

Answer 2

• 2 doctors (at least 1 of whom should be section 12(2) approved)
• 1 AMHP
• community or inpatient (anywhere except prison)
• section for a maximum of 6 months for treatment of a mental disorder
• one appeal to both hospital managers panel and tribunal

Question 3

Section 5(4)

Answer 3

• power granted to registered mental health nurses to detain an inpatient for up to 6 hours for medical assessment where mental illness is suspected
• cannot be done in ED
• form to be completed & submitted to hospital managers

Question 4

Section 5(2)

Answer 4

• the consultant or nominated deputy (doctor - F2 and above) can detain an inpatient for up to 72 hours under the mental health act
• cannot be done in ED
• no appeal
• legal form for hospital managers
• allow formal mental health act to be completed

Question 5

Section 136

Answer 5

• police power to remove someone to a place of safety from a public place for an assessment by an AMHP and 1 doctor
• held up to 72 hours to allow assessment
• police to stay with person
• if needed, second doctor attends for a MHA assessment for section 2 or 3