Sectioning under the Mental Health Act

This is used for someone over the age of 16 years 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
• A GP, psychiatrist and approved social worker is required

Section 3

• Admission for treatment for up to 6 months
• Nearest relative or social worker along with 2 doctors

Section 4

• 72 hour assessment order
• Used as an emergency, when a section 2 would involve an unacceptable delay
• A GP and an approved social worker or relative
• Often changed to 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

Section 5(4)

• Similar to section 5(2), allows a nurse to detain a patient who is voluntarily in hospital for 6 hours

Section 135

• A 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 the police to a Place of Safety