Under Section 2, an individual can be detained in a hospital for up to 28 days for the purpose of assessment. This is usually applied when there is uncertainty about the nature of the person’s mental health disorder or when there is a need to determine what treatment may be required.

• Criteria for Section 2: The individual must be suffering from a mental disorder severe enough to warrant compulsory assessment in the interest of their health or safety, or to protect others.
• Rights under Section 2: Patients have the right to appeal against their detention, and a mental health tribunal can review the case.

Section 3 allows for the compulsory detention of an individual for treatment for up to 6 months, which can be renewed if necessary. This section is applied when the individual has been assessed and a specific treatment plan is deemed essential.

• Criteria for Section 3: The person must have a mental disorder that requires treatment, and it must be necessary for their health or safety, or for the protection of others. Treatment must be available, and detention must be the least restrictive option.
• Rights under Section 3: Patients have the right to apply to a tribunal to challenge their detention and can also appoint a “nearest relative” who can make representations on their behalf.

Section 4 is used in emergencies when an individual requires urgent assessment and it is not possible to obtain two medical recommendations, as required for Section 2 or Section 3. It allows for detention for up to 72 hours.

• Criteria for Section 4: A single doctor can sign the admission document, but the situation must be urgent, and waiting for a second opinion would pose a risk to the individual or others.
• Rights under Section 4: After the 72-hour period, the patient must either be released, detained under Section 2 or Section 3, or provided with voluntary treatment.

Section 5 provides short-term powers for doctors or approved mental health professionals to detain an individual already in a hospital for up to 72 hours. This applies when there is a concern that the patient may leave the hospital and their health or safety is at risk.

• Section 5(2): This allows a doctor or approved clinician to detain a voluntary patient for up to 72 hours for further assessment.
• Section 5(4): This allows a nurse to detain a voluntary patient for up to 6 hours if immediate action is needed and no doctor is available to assess the situation.

Section 7 allows for the appointment of a guardian to make decisions on behalf of an individual with mental health issues, without requiring hospital admission. The guardian can help with managing where the person lives and ensuring they attend treatment sessions.

• Criteria for Section 7: The individual must be suffering from a mental disorder, and guardianship must be necessary for their welfare or the protection of others.
• Rights under Section 7: The individual or their nearest relative can apply to discharge the guardianship order, and they have the right to appeal to a tribunal.

Section 17 provides the framework for Community Treatment Orders, which allow individuals to receive treatment in the community after being discharged from hospital under Section 3. This ensures continuity of care and prevents unnecessary re-admissions.

• Conditions of CTOs: Patients must comply with certain conditions, such as attending regular appointments or taking prescribed medication. If they fail to comply, they may be recalled to the hospital.
• Rights under Section 17: Patients can appeal against their CTO or its conditions, and it must be regularly reviewed.

A Section 37 Hospital Order is made by a court when a person is convicted of an offence, but it is determined that they need treatment for a mental health disorder instead of imprisonment. This section allows for compulsory admission to hospital for treatment.

• Criteria for Section 37: The court must be satisfied that the individual requires treatment in a hospital for their mental disorder and that it is appropriate as an alternative to a custodial sentence.
• Duration of Hospital Orders: The initial order lasts for up to 6 months, but it can be extended if necessary.

Section 41 is added to Section 37 when an individual is considered a risk to the public. A Restriction Order places conditions on their release from hospital and may involve the Ministry of Justice in decisions regarding discharge.

• Criteria for Section 41: The court applies Section 41 if it believes that unrestricted discharge could pose a significant risk to the public.
• Rights under Section 37/41: Individuals can appeal to a mental health tribunal, but restrictions on discharge are more stringent.

Section 117 provides for free aftercare services for individuals who have been detained under Sections 3, 37, 45A, 47, or 48 of the Mental Health Act. The local authority and the NHS must work together to provide the necessary support to help individuals reintegrate into the community.

• Scope of Aftercare: Services include support for housing, medical care, and psychological therapies, ensuring a comprehensive approach to recovery.
• Right to Aftercare: Aftercare under Section 117 cannot be charged for and must continue as long as necessary.

Section 135 allows the police to enter a person’s home or another place where they may be residing, with a warrant, to remove them for assessment. This section is often used when there is concern for a person’s safety, but they refuse to engage with services.

• Criteria for Section 135: A magistrate must issue the warrant, and an Approved Mental Health Professional (AMHP) must be present to assist in the removal of the person.
• Outcome of Section 135: The person may be taken to a place of safety for assessment and possibly detained under Section 2 or Section 3.

Section 136 gives the police the power to remove an individual from a public place to a place of safety (such as a hospital or police station) if they believe the person is suffering from a mental disorder and poses a risk to themselves or others.

• Criteria for Section 136: This section can only be used in a public place and should only be applied when absolutely necessary for the individual’s or public safety.
• Duration: The individual can be held for up to 24 hours for assessment, which can be extended by 12 hours in exceptional circumstances.