Mental Health Act

MCA first

Sectioning

This is used for someone who will not be admitted voluntarily. Patients who are under the influence of alcohol or drugs are specifically excluded

Section 2

• admission for assessment for up to 28 days, not renewable
• an Approved Mental Health Professional (AMHP) or rarely the nearest relative (NR) makes the application on the recommendation of 2 doctors
• one of the doctors should be 'approved' under Section 12(2) of the Mental Health Act (usually a consultant psychiatrist)
• treatment can be given against a patient's wishes

Section 3

• admission for treatment for up to 6 months, can be renewed
• AMHP along with 2 doctors, both of which must have seen the patient within the past 24 hours
• treatment can be given against a patient's wishes

Section 4

• 72 hour assessment order
• used as an emergency, when a section 2 would involve an unacceptable delay
• a GP and an AMHP or NR
• often changed to a section 2 upon arrival at hospital

Section 5(2)

• a patient who is a voluntary patient in hospital can be legally detained by a doctor for 72 hours