Mental Health Law Flashcards
Does section 5(2) of MHA authorise treatment?
No - assessment of patient. Doctors holding power of 72 hrs.
What is the Mental Health Act 1983?
Main piece of legalisation that covers the assessment, treatment and rights of people with a mental disorder. Used for patients who won’t be admitted voluntarily.
Section 2
- Admission for assessment for up to 28 days.
- Not renewable.
- AMHP makes application on recommendation of 2 doctors.
- One doctor must be approved under section 12(2) of MHA e.g. psychiatrist.
- Treatment can be given.
Section 3
- Admission for treatment for up to 6 months.
- Can be renewed.
- AMHP and 2 doctors.
Section 4
- 72 hr assessment order.
- Used as an emergency, when section 2 would involve unacceptable delay.
- GP and AMHP.
- Often changed to section 2 upon arrival at hospital.
Section 5(2)
- Doctor can legally detain someone voluntarily in hospital for up to 72 hrs.
- Temporary doctor holding power.
Section 5(4)
- Nurse can detain patient who is voluntarily in hospital for up to 6 hrs.
- Temporary nurse holding power.
Section 17a
- Supervised community treatment order.
- Used to recall a patient to hospital for treatment if they don’t comply with conditions of order in community (e.g. not taking medication).
Section 17
Patients who are detained under the MHA to be granted ‘leave of absence’ from the hospital in which they are detained for a specified or indefinite period subject to particular conditions specified in their leave care plan.
Section 135
Court order can be obtained to allow police to break into a property to remove a person to a place of safety.
Section 136
- Someone found in a public place who appears to have a mental disorder can be taken by police to a place of safety.
- Only be used for up to 24 hrs, whilst MHA assessment is arranged.