Mental Health Act Flashcards
Section 2
Detention for assessment
Can be kept in hospital for up to 28 days
Gives doctors time to:
- Assess type of mental disorder
- Decide if you need treatment
- Decide how treatment will affect your health
Section 3
Detention for treatment
You can be detained for up to 6 months. This can be extended
Can be used if:
- You have a mental disorder
- You are unwell enough to be in hospital
- Professionals think you should stay in hospital for your safety or the safety of others
- You can be treated against your will
Section 4
Emergency detention
Lasts 72 hours
Can be detained by recommendation of one doctor
Used when
- It is urgent and necessary for you to be in hospital
- Finding another doctor would cause an ‘undesirable delay’
Up to 72 hours BUT a second doctor should assess you ASAP.
Section 5
Holding powers
If in hospital voluntarily and on a locked ward, staff either have to:
- let you leave when you want to
- use their s5 powers
Doctors holding power s5(2)
- up to 72 hours. Doctor should write report and send to hospital managers
Nurses holding powers s5(4)
- up to 6 hours if they need to stop you leaving for your own safety or protection of others
- if a doctor can’t be found for s5(2)
Community treatment order (CTO)
You can leave hospital but stay under the MHA.
May be taken back to hospital if don’t meet CTO condition
Can be put on CTO after a S3 but not after a s2
AMHP
Approved mental health practitioner. Could be a:
Social worker
Nurse
Occupational therapist
Psychologist
Section 135
Used by police to enter your home
Up to 36 hours
Can allow police or healthcare professionals access to your home even if you don’t want them to.
Place of safety can be your home, a hospital or a police station
