Mental Health Act

Question 1

Section 136

Answer 1

Allows police to take someone from the community to a hospital or other safe place for up to 72 hours. Dosen’t require a magistrate

Question 2

Section 135

Answer 2

Powers conferred by a magistrate to enter the house of someone deemed a risk to themselves or others by the nature of their mental illness. Section 12 doctor should be present

Question 3

Section 2

Answer 3

Compulsory detention for assessment for up to 28 days. Must be agreed by 2 doctors (one must be section 12)

Question 4

Section 5(4)

Answer 4

Nurses holding power for up to 6 hours

Question 5

Section 5(2)

Answer 5

Doctor’s power to hold inpatient for up to 72 hours

Question 6

Section 3

Answer 6

Compulsory detention for 6 months for treatment. 2 doctors must agree (one must be section 12)

Question 7

Section 4

Answer 7

Allows emergency admission to hospital where there is not enough time to organise a section 2. up to 72 hours; no right of appeal. Can be one doctor

Question 8

Section 35

Answer 8

For the purpose of producing a medical report on the psychiatric illness of a criminal offender. Duration = 28 days

Question 9

Section 36

Answer 9

Provides for treatment of a section 35. Also 28 days but requires 2 doctors

Question 10

Section 37

Answer 10

For the detention and treatment of a patient who has already committed an imprisonable offence. Lasts 6 months and requires two doctors

Question 11

Section 17

Answer 11

Allows for periods of leave from a hospital