Mental Health Act (MHA) 1983
GOV.UK Statutory guidance Code of practice: Mental Health Act 1983. Last updated: Oct 2017.
Background Information
Core Requirements for Sectioning
For a person to be lawfully detained (sectioned) under the MHA, these criteria must be satisfied:
- Presence of a mental disorder (defined as any disorder or disability of the mind)
- Necessity for assessment or treatment (i.e. cannot be provided unless the person is detained)
- In the interests of the person's health or safety, or the protection of others
- Professional agreement (typically 2 doctors and an approved mental health professional, see below for more details)
Dependence on alcohol or drugs alone does NOT qualify as a mental disorder for the purposes of detention, but mental disorders arising from or associated with substance use may be included.
Key Sections of MHA 1983
Involuntary Admission
| Section | Description | Purpose | Persons Involved | Duration |
|---|---|---|---|---|
| Section 2 | Admission for assessment | To detain a person for assessment to determine if treatment is required |
|
Up to 28 days
Unrenewable |
| Section 3 | Admission for treatment | To detain a person for treatment of a mental disorder
Note that appropriate medical treatment must be available |
|
Up to 6 months
Renewable |
| Section 4 | Emergency admission for assessment | Short-term detention when urgent assessment is needed but Section 2 cannot be fulfilled |
|
Up to 72 hours |
Hospital Detention
| Section | Description | Purpose | Persons Involved | Duration |
|---|---|---|---|---|
| Section 5(2) | Detention of inpatients who want to leave | Prevented admitted patients from leaving before the full assessment is carried out | 1 doctor | Up to 72 hours |
| Section 5(4) | Detention of inpatients who want to leave | Detention is necessary and needs urgent clinical assessment | 1 nurse | Up to 6 hours |
Police Powers
| Section | Description | Purpose | Duration |
|---|---|---|---|
| Section 135 | Removal from home to a place of safety | Court-issued warrant allowing police to enter private premises to remove a person for assessment | Up to 24 hours (extendable 12 hours) |
| Section 136 | Removal from a public place to a place of safety | Police power to remove a person from a public place for assessment | Up to 24 hours (extendable 12 hours) |
Section 17
Section 17A (community treatment order)
- Allow treatment and supervision in the community (outside of hospital)
- Patient can be recalled if necessary (they must attend)
- Requires previous detention under sections 2, 3, 17A
Section 17
- Different from 17A
- This is a leave of absence from hospital – allowing detained patient (under section 2 or 3) to temporarily leave the hospital