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Summary of Admission Provisions - Part II of the Mental Health Act 1983

Document Cited authorities 1 Cited in Related
Vincent
AuthorMichael Butler
Pages311-313

Appendix 5


Summary of Admission Provisions – Part II of the Mental Health Act 1983

312 A Practitioner’s Guide to Mental Health Law

MHT

Yes

Yes

Yes

No

Part IV

Yes

Yes

No

No

Renewable

No

Yes

No

No

Duration

28 days

6 months

72 hours

72 hours

Applicant

AMHP or nearest relative

AMHP or nearest relative

AMHP or nearest relative

RMP or approved clinician in charge of treatment

re/degree which warrants

Mental disorder of nature/degree which makes hospital treatment appropriate Treatment necessary for health, safety or protection of others and cannot be pr ovided unless detained

Appropriate treatment available

e interests of health, safety

or protection of others

detention for assessment or assessment followed by

treatment

Ought to be so detained in th

Mental disorder of natu

Grounds

As for section 2

Of urgent necessity that patient is admitted Compliance with section 2 will involve undesirable delay

In-patient

Application for admission to hospital under Part II ought to be made

Purpose

Detention for

assessment

Detention for

treatment

Detention for

assessment

Detention of in- patient to arrange MHA assessment

Section

5(2)

2

3

4

MHT

No

Yes

Yes

Part IV

(Part 4A instead)

No

No

No

Renewable

No

Yes

Yes

Duration

6 hours

6 months

months

6

Applicant

Nurse (of prescribed class)

AMHP or nearest relative

RC

or protection of others

protection of others that

receives such treatment

In-patient (for mental disorder) Mental disorder to such degree that necessary for

health or safety or the prot ection of others that should

be restrained from leaving

Not practicable to secure immediate attendance of RMP or approved clinician for report under section 5(2)

of nature/degree which warrants

reception into guardianship Necessary for welfare of patient

Mental disorder of nature or degree which makes treatment appropriate Necessary for health, safety or

Subject to liability to patient being liable to recall, treatment can be provided without detention in hospital RC needs to be able to exercise...

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