mental health act

Question 1

Section 135

Answer 1

• Warrant to search and remove
• the AMPH applies to the magistrates court for the section
• Search is carried out by police, accompanied by AMHP and doctor

Result:
72h admission for TREATMENT

Question 2

Section 136

Answer 2

• Warrant to remove someone from a public place to a place of safety
• Public place = anywhere that is not a dwelling

Result:
24h admission for TREATMENT

Question 3

Who are the 5 people involved in the MHAA?

Answer 3

• Doctors (S12 approved)
• 1x AMHP
• Patient
• Patient’s GP (or any other fully registered practitioner)
• Patient’s nearest relative

Question 4

Section 2

Answer 4

When can it be done?

• After MHAA
• On the ward, to prevent an informal patient from leaving

Result:

• Admission for 28 days
• Assess AND treat

Question 5

Section 3

Answer 5

Criteria:

• Treatment cannot be provided unless the patient is detained, AND
• Treatment is available for the patient

Result:
- Admission for 6 months for TREATMENT

Process:

• AMHP must contact the nearest relative (NR)
• If NR refuses, cannot go ahead with the procedure
• Initially detained for up to 6 months
• After 3 months, there can only be treatment with patient’s consent or approval or SOAD

Question 6

Section 4

Answer 6

Emergency holding power

• Used when it would take too long for a second doctor to come for full MHAA
• lasts up to 72h
• Convert to S2 or S3 once second doctor comes

Question 7

Section 5(2)

Answer 7

Doctor’s holding power

• Lasts up to 72h
• HOLDING POWER ONLY - allows time for MHAA but you are not allowed to treat under this section
• Used for patients who have been admitted for a physical health disorder, who are suspected of having a MH disorder
• Can only be used on INPATIENTS

Question 8

Section 5(4)

Answer 8

Nurse’s holding power

- Lasts 6h