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Mental Health Act sections at a glance
Every power you're likely to meet. Switch on Test me to hide the numbers, or pick two or three to compare side by side.
What are the Mental Health Act sections?
A section is the part of the Mental Health Act 1983 that gives a particular power, so each power goes by its number. Some people call detention under one of them being sectioned.
The Act applies in England and Wales. Scotland, Northern Ireland and other countries have their own laws, with their own numbering.
The Act runs to section 149, but you'll use only a fraction of it. The cards cover the ones you're most likely to meet, plus the MCA powers you'll weigh against them.
Types of section under the Mental Health Act
- Civil admission. Sections 2, 3 and 4. An AMHP or the nearest relative applies, founded on medical recommendations.
- Holding and police powers. Sections 5(2) and 5(4) hold an inpatient while an assessment is arranged. Sections 135 and 136 are the police powers: a warrant to enter premises, and removal to a place of safety.
- Leave and community. Section 17 leave, the CTO under s17A, guardianship under s7, and s117 aftercare.
- Treatment rules. Part 4 decides what can be given without consent, and when you need a certificate or a second opinion: ss57, 58, 58A, 62 and 63.
- Courts and prisons. Part 3: remands (ss35 and 36), hospital orders (s37, with restrictions under s41), interim orders (s38), hybrid orders (s45A) and prison transfers (ss47 and 48). Forensic sections shows how they fit.
- MCA and DoLS. Not MHA sections, but often the alternative: care and restraint under ss5 and 6 of the MCA, and DoLS authorisations. MHA or MCA? helps you choose.
Section 2 vs section 3
| Section 2 | Section 3 | |
|---|---|---|
| What it's for | Assessment, or assessment followed by treatment | Treatment |
| What it needs | A mental disorder that warrants detention for assessment, for at least a limited period | A mental disorder that makes hospital treatment appropriate, with appropriate medical treatment available |
| How long | Up to 28 days, and it can't be renewed | Up to 6 months, then 6, then 12 months at a time |
| The nearest relative | Must be told if practicable, but can't block it | Must be consulted if practicable, and an objection stops it |
| Tribunal | Apply within 14 days of admission | Once in the first 6 months, then once in each renewal period |
| Aftercare | No s117 on its own | Section 117 aftercare when they leave |
Both need an AMHP or the nearest relative to apply and two doctors to recommend, one of them s12 approved. Both also need detention to be justified by their health or safety, or the protection of others. Part 4 applies to both. Neither is the mild option. Choose section 2 when you need to assess, and section 3 when you know what you're treating and why it can't happen any other way.
Getting the most from the cards
Filter by group, or search for a number or a word such as remand. Open a card for who's involved, the tribunal rights, the forms and the usual trap, then follow it to the full page.
For revision, switch on Test me and say each length out loud before you tap. Then compare the pairs that get muddled: s2 and s3, s5(2) and s5(4), s135 and s136, s37 and s37/41.
- Length
- 6 months, then 6 months, then 12 months at a time
- Who
- AMHP (A6) or nearest relative (A5), two doctors (A7 or A8), one s12
- Tribunal
- Once in each period. Managers refer at 6 months unless there's been an application on s3 (one made on s2 doesn't count).
- Forms
- A5, A6, A7, A8, H3, H5
Needs appropriate medical treatment to be available. Nearest relative objection stops it.
- Length
- 72 hours, from when H1 is handed to the managers' officer or put in the internal mail
- Who
- Doctor or AC in charge of the inpatient's treatment, or their one nominated deputy
- Tribunal
- No
- Forms
- H1
Inpatients only. Never in the emergency department.
- Length
- 6 hours, ends when the doctor or AC arrives
- Who
- Registered mental health or learning disability nurse
- Tribunal
- No
- Forms
- H2
If s5(2) follows, its 72 hours count from the start of s5(4).
- Length
- 24 hours, at a place of safety, plus up to 12 hours
- Who
- s135(1): magistrate's warrant on an AMHP's information; police with an AMHP and a doctor. s135(2): on a constable's or authorised person's information
- Tribunal
- No
- Forms
- Warrant
s135(2) is the warrant to retake someone already liable to be detained.
- Length
- 24 hours, plus up to 12 hours on clinical grounds
- Who
- Police officer, after consulting a health professional if practicable
- Tribunal
- No
- Forms
- Local record
Not in a home. Police stations never for under-18s.
- Length
- As set by the RC, can be revoked in writing
- Who
- RC (with the Justice Secretary for restricted patients)
- Tribunal
- Not applicable
- Forms
- Local form
Leave of more than 7 days: the RC must consider a CTO.
- Length
- Until no longer needed, ended jointly by the ICB and council
- Who
- ICB and local authority, jointly
- Tribunal
- Not applicable
- Forms
- None
After s3, 37, 45A, 47 or 48. Not s2 alone. A new detention for treatment ends it, and a fresh duty follows the next discharge.
- Length
- No time limit, but medication needs s58 after 3 months
- Who
- Given by or under the direction of the AC in charge
- Forms
- None
Only for treatment of the mental disorder.
The clock doesn't restart when s2 becomes s3.
- Length
- Before treatment, consent plus a second opinion
- Who
- SOAD and two others appointed by CQC (T1)
- Forms
- T1
Can't be given to someone who can't consent, except in a s62 emergency (for irreversible treatment such as neurosurgery, only to save life).
- Length
- While urgent, four grounds, two for ECT
- Who
- AC in charge
- Forms
- Local record
Not for a planned course of treatment.
- Length
- 28 days, renewable to 12 weeks in total
- Who
- Magistrates' or Crown Court, one doctor
- Tribunal
- No
- Forms
- Court order
No MHA power to treat without consent.
- Length
- 28 days, renewable to 12 weeks in total
- Who
- Crown Court, two doctors; not for murder
- Tribunal
- No
- Forms
- Court order
Crown Court only.
- Length
- 6 months, then 6, then 12
- Who
- Court on conviction, two doctors
- Tribunal
- From the second 6 months, then yearly
- Forms
- Court order
Can lead to a CTO; brings s117 aftercare.
- Length
- No end date, until restrictions are lifted
- Who
- Crown Court, two doctors, one giving evidence in person
- Tribunal
- From the second 6 months, then yearly; referral every 3 years
- Forms
- Court order
Leave, transfer and discharge need the Justice Secretary.
- Length
- 12 weeks, renewable 28 days at a time, to 12 months
- Who
- Court on conviction, two doctors
- Tribunal
- No
- Forms
- Court order
A trial of treatment before sentence.
- Length
- No fixed end, restrictions end at the release date, then it runs like s37
- Who
- Crown Court with a prison sentence
- Tribunal
- From the second 6 months, then yearly
- Forms
- Court order
If treatment ends, they can be sent to prison.
- Length
- Like s37 if unrestricted; to the release date if restricted, usually with s49 restrictions
- Who
- Justice Secretary's warrant, two doctors
- Tribunal
- Within the first 6 months, then as for s37
- Forms
- MoJ warrant
Target 28 days from referral.
- Length
- Until the case is dealt with, or treatment is no longer needed
- Who
- Justice Secretary's warrant, two doctors
- Tribunal
- Within the first 6 months, then as for s37
- Forms
- MoJ warrant
Remand and civil prisoners, and immigration detainees.
- Length
- As needed, in best interests, proportionate
- Who
- Anyone caring for or treating the person
- Tribunal
- Court of Protection
- Forms
- Capacity and best interests notes
Doesn't authorise a deprivation of liberty.
- Length
- 7 days, extendable once by up to 7 days
- Who
- The hospital or care home (managing authority)
- Tribunal
- Court of Protection (s21A)
- Forms
- ADASS Form 1
Adults only. Not for someone who objects to being in hospital for treatment of mental disorder and meets the MHA criteria.
- Length
- Up to 12 months, after six assessments
- Who
- Supervisory body (the council in England)
- Tribunal
- Court of Protection (s21A)
- Forms
- ADASS Forms 3 to 6
Authorises the deprivation of liberty, not treatment.
Questions trainees ask
Which MHA sections allow treatment without consent?
Sections 2, 3, 36, 37, 38, 45A, 47 and 48, and patients once recalled. Not s4 before conversion, s5(2), s5(4), s35, s135 or s136.
How many sections are there in the Mental Health Act?
The 1983 Act runs from section 1 to section 149, with lettered sections added since, such as 17A to 17G for CTOs. Day to day you'll use a small share of them, and the cards here cover those.
What is section 2 of the Mental Health Act?
Admission for assessment, or assessment followed by treatment. It lasts up to 28 days from the day of admission and can't be renewed. A pending application to displace the nearest relative for unreasonable objection, or for discharging without due regard to welfare or the public, extends it (s29(4)).
What is section 3 of the Mental Health Act?
Admission for treatment. It lasts up to 6 months, then 6 more, then a year at a time, and appropriate medical treatment must be available. It brings a right to s117 aftercare.
What is section 17 of the Mental Health Act?
Leave of absence. The responsible clinician can let a detained patient leave hospital, with conditions, and recall them in writing if their health or safety, or other people's protection, requires it. Before granting more than 7 consecutive days, the must consider a CTO. A restricted patient's leave also needs the Justice Secretary's consent, and the CTO rule doesn't apply.
Section 2 or section 3: which is used?
Section 2 when the team needs to assess, and s3 when they know what they're treating and why it can't happen informally. A nearest relative's objection stops a s3, but not a s2.
What are the main sections of the Mental Capacity Act?
Section 1 sets out the principles, ss2 and 3 the capacity test, s4 best interests, and ss5 and 6 care, treatment and restraint. Lasting powers of attorney start at s9, advance decisions at s24 and IMCAs at s35, and is Schedule A1.
Does the Mental Health Act apply in Scotland?
No. The 1983 Act applies in England and Wales. Scotland has its own law, the Mental Health (Care and Treatment) (Scotland) Act 2003, and Northern Ireland has its own too.