Mental Health Act time limits: when each clock starts
| How long | Counted from | |
|---|---|---|
| Section 2 | Up to 28 days, not renewable, but extended while a s29(4) displacement case is pending | The day of admission |
| Section 3 | Up to 6 months, then 6, then 12 at a time | The day of admission |
| Section 4 | 72 hours, unless a second recommendation makes it a s2 | The time of admission |
| Section 5(2) | 72 hours, not renewable | When the H1 report is furnished to the managers |
| Section 5(4) | 6 hours, or until the doctor or AC arrives | When the nurse records it on H2 |
| Sections 135 and 136 | 24 hours, plus up to 12 on clinical grounds | Arrival at the place of safety, or when they're kept where they are: the s136 decision, or police entry under the s135 warrant |
| CTO | 6 months, then 6, then 12 at a time | The day the CTO is made |
If s5(2) follows s5(4), its 72 hours count from when the nurse's hold began (s5(5)). When a s4 becomes a s2, the 28 days count from the original admission.
How the dates are counted
Periods of days and months include the starting day. A s2 that starts on 1 January ends at the end of 28 January. A s3 that starts on 1 January ends at the end of 30 June. If renewed, it runs to 31 December, then to 31 December the following year (Reference Guide 25.29).
Treat the calculator as a check, and confirm every date with your Mental Health Act office.
Section 3 renewal: the process and the form
- In the two months before the period ends, the RC examines the patient (s20(3)).
- The RC consults at least one other person professionally concerned with the treatment (s20(5)).
- A second professional, from a different profession and involved in the treatment, agrees in writing that the criteria are met, on Part 2 of Form H5 (s20(5A)).
- The RC sends the H5 report to the managers before the period ends. The report itself renews the detention (s20(8)).
- The managers must tell the patient, and must review whether to discharge them, even if nobody contests it (s20(3); Code 38.12, 38.41).
The criteria are the s3 criteria again, including appropriate medical treatment being available (s20(4)). The patient can apply to the tribunal once in each renewal period. If nobody renews it in time, the authority to detain ends, and keeping the patient would be unlawful (Code 32.10).
Checking the dates on an application
Check an application tests the dates on a s2 or s3 as you type them in:
- The examinations. If the doctors examine separately, no more than 5 clear days between them: first on 1 January, second by 7 January (s12(1)).
- The order of signing. Medical recommendations are signed on or before the day of the application (s12(1)).
- The applicant. Must have seen the patient within the 14 days ending on the day of the application (s11(5)).
- Getting to hospital. Within 14 days starting with the day of the last medical examination, and only once the application is signed (s6(1)).
Some errors can be put right within 14 days of admission (s15), but a fundamentally defective application needs a fresh one (Code 35.13). The application page has the s4 limits, which run in hours.
Work out the deadlines
Periods of days and months include the starting day. A section 2 starting on 1 January ends at the end of 28 January, and a section 3 starting on 1 January ends at the end of 30 June. Check every date with your Mental Health Act office.
Questions trainees ask
When does a section 2 that starts on 1 January end?
At the end of 28 January. Periods of days and months include the starting day.
What is the time limit for a section 3?
Up to 6 months from the day of admission, then 6 months, then a year at a time. Each renewal needs an report on Form H5 in the last two months of the period.
How long can someone be held under section 136?
Up to 24 hours from arrival at the place of safety. The doctor responsible for the examination can add up to 12 hours, if the person's condition makes it impracticable to finish the assessment in time. At a police station, a superintendent must approve it.
What is the time limit under section 138?
For someone who escapes on the way to a place of safety under s135(1) or s136, 24 hours from the escape. Once the detention period has started, only until it would have ended, counting any extension already given. Patients detained under Part 2 can be retaken for as long as they could be if they'd gone .
How is a section 3 renewed?
In the last two months of the period, the RC examines the patient and consults someone else involved in their treatment. A second professional from another profession must agree in writing, and the RC's report on Form H5 then renews the detention.
Is there a hearing when a section 3 is renewed?
Not before it: the RC's report renews it. The managers must then review it, at a hearing or, where nobody contests it, sometimes on the papers (Code 38.45). The patient can also apply to the tribunal once in each renewal period.
Do the 2025 Act's shorter section 3 periods apply yet?
No. The 2025 Act will change s3 to 3 months, then 3, then 6, then a year at a time, but that part has no commencement date. The calculator shows the new periods for comparison only.