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Understanding common Mental Health Acts in the UK and your rights.
A person can be detained if they have a mental disorder, they need to be detained for a short time for assessment and possibly medical treatment, and it is necessary for their own health or safety or for the protection of other people.
How long:Up to 28 days. The section can't normally be extended or renewed, but they may be assessed before the end of the 28 days to see if sectioning under Section 3 is needed.
You can be detained if you have a mental disorder, you need to be detained for your own health or safety or for the protection of other people, and treatment can't be given unless you are detained in hospital. You cannot be sectioned under this section unless the doctors also agree that appropriate treatment is available for you.
How long: Up to 6 months. The section can be renewed by your responsible clinician: for 6 months the first time, then for 6 months the second time, and after that for 12-month periods. There is no limit to the number of times the responsible clinician can renew the section 3.
You need to be detained if you have a mental disorder, it is urgently necessary for you to be admitted to hospital and detained, and waiting for a second doctor to confirm would cause "undesirable delay". You can be sectioned by one doctor only (together with the approved mental health professional) and you can be taken to hospital in an emergency and assessed there.
How long: Up to 72 hours. Your rights are different compared to your rights under other sections. For example, you cannot be treated without your consent.
Applies to you if you are a voluntary patient or inpatient (including inpatients being treated for a physical problem). A doctor or other approved clinician in charge of your treatment needs to report to the hospital managers that an application to keep you in a hospital (a detention section) "ought to be made".
How long: Up to 72 hours.
Applies if you are a voluntary patient receiving treatment for a mental disorder. A nurse specially qualified and trained to work with mental health problems or learning disabilities can detain you if they think that your mental health problem is so serious that you need to be kept in hospital immediately for your health or safety or for the protection of others, and it is so urgent that it is not practicable to get a practitioner or clinician to provide a report to the hospital managers.
How long: Up to 6 hours, or until a doctor or clinician with authority to detain you arrives, whichever is earlier.
Applies if you are already detained under the Mental Health Act. This section gives the responsible clinician power to grant you leave for a specified period of time from the ward and the hospital. You are likely to be asked to keep to certain conditions, such as returning on a certain day or at a certain time, or staying at a particular place or in the care of a particular person.
Applies if you are a person accused of a crime in criminal proceedings. The Crown Court or Magistrates' Court can remand you to hospital if one doctor has evidence that there is reason to suspect that you have a mental disorder, and it would be impracticable for a report on your mental condition to be made if you were remanded on bail.
How long: Up to 28 days, renewable for further periods of 28 days to a maximum of 12 weeks in total.
Under this section, you can be sent to hospital for treatment. The Crown Court can make a hospital order before or after you have been convicted of a crime. The Magistrates' Court can only make a hospital order when you have been convicted of an offence that could be punished with a prison sentence.