Mental Health Act

Question 1

What is Section 135?

Answer 1

Police have powers to enter your home, if need be by force, under a Section 135 warrant

Question 2

What is Section 136?

Answer 2

If the police find you in a public place and you appear to have a mental disorder and are in need of immediate care or control, they can take you to a place of safety (hospital/police station) and detain you there.

Question 3

What is Section 5(4)?

Answer 3

Gives the nurses ability to detain someone in hospital for 6 hours.

Question 4

What is Section 5(2)?

Answer 4

Gives doctors the ability to detain someone in hospital for up to 72h, during which time an assessment should be performed to determine if the patient required further detention under the MHA.

Question 5

What is Section 2?

Answer 5

Allows a person to be detained under MHA for up to 28 days

Question 6

What is Section 3?

Answer 6

Allows a person to be detained under MHA for up to 6 months, with further renewals

Question 7

What are the features of Section 2?

Answer 7

• Must be signed by 2 doctors
• Patient must be assessed by 2 doctors within 5 days of each other
• 1 of the doctors has to have previously known the patient
• Cannot be renewed
• Type of mental disorder does not have to be disclosed
• Treatment can be given against the patient’s will

Question 8

What are the features of Section 3?

Answer 8

• Patient cannot be detained if the nearest relative objects
• Doctor has to state the category of mental illness the patient is thought to be suffering from
• Treatment can be given
• After 3 months, the patient has to consent to treatment

Question 9

What is Section 4?

Answer 9

Emergency order - admission for emergency treatment

- Lasts up to 72h

Question 10

What are the most important amendments in the 2007 MHA?

Answer 10

• Cannot detain unless specific suitable treatment is available
• Integrates supervised community treatment
• ECT cannot be given against the patient’s will

Question 11

What is Section 17?

Answer 11

Basically a CTO (community treatment order)
Means that whilst a patient is detained under the MHA, they may be able to leave the hospital; responsible clinician can revoke the leave at any time and make them come back to the hospital

Question 12

Is dependence on alcohol considered a disorder or impairment of the mind under the MHA?

Answer 12

No