Section 1 The Act deals with people who have a "Mental Disorder" which is defined and limited in Section
1.
Section 2 Admission for assessment for up to 28 days.
Section 3 Admission for treatment for up to 6 months initially
Section 4 Emergency admission for up to 72 hours initially.
Section 5(2) People who are voluntary patients in hospital can be detained by a doctor for 72 hours pending
a further assessment.
Section 5(4) People who are voluntary patients in hospital can be detained by a nurse for 6 hours pending a further
assessment.
Section 7 Section 7 allows for people to be received into Guardianship, the consequences of which are set
out at Section 8
Section 18 Unauthorised absence: Absence without leave, and Returning
Section 19
Section 20 Section 20 provides the authority for someone who is already detained in hospital for treatment under
Section 3 or Section 37, to be detained for a further period. The renewal takes effect when the Managers officially receive
a report by the Responsible Medical Officer.
Section 21 Unauthorised absence: Absence without leave, and Returning
Section 23 The people who can bring a period of detention or guardianship to an end are listed at Section 23
Section 25(1) RMO makes a report to oppose the nearest relative discharging the patient
Section 26 Section 26 of the Mental Health Act gives
a formula which identifies the nearest relative. Usually, the nearest relative is the older of the two people who occur highest
on the list, regardless of gender.
Section 35 Remand to hospital for a report on a person's mental health
Section 47 Transfer of prisoners to hospital for treatment
Section 48 Transfer of prisoners to hospital for treatment
Section 57 Treatment which requires the patient's consent
and a second medical opinion
Section 58 Treatment which requires the patient's consent
or a second medical opinion
Section 117 Aftercare Statutory and voluntary agencies should co-operate to provide aftercare for people who
have been detained for treatment. Such a requirement is consistent with the Care Programme Approach.
Section 135 A court order can be obtained 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