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Mental Health Act (MHA) 1983

GOV.UK Statutory guidance Code of practice: Mental Health Act 1983. Last updated: Oct 2017.

Background Information

For a person to be lawfully detained (sectioned) under the MHA, these criteria must be satisfied:
  • Presence of a mental disorder (defined as any disorder or disability of the mind)
  • Necessity for assessment or treatment (i.e. cannot be provided unless the person is detained)
  • In the interests of the person's health or safety, or protection of others
  • Professional agreement (typically 2 doctors and an approved mental health professional, see below for more details)
 

Dependence on alcohol or drugs alone does NOT qualify as a mental disorder for the purposes of detention, but mental disorders arising from or associated with substance use may be included.

Key Sections of MHA 1983

Section Description Purpose Persons Involved Duration
Section 2 Admission for assessment To detain a person for assessment to determine if treatment is required
  • 2 doctors (independent of each other, one must be section 12 approved) +
  • AMHPApproved mental health professional or nearest relative
 Up to 28 days

Unrenewable
Section 3 Admission for treatment To detain a person for treatment of a mental disorder

Note that appropriate medical treatment must be available
  • 2 doctors (independent of each other, one must be section 12 approved) +
  • AMHPApproved mental health professional or nearest relative
 Up to 6 months

Renewable
Section 4 Emergency admission for assessment Short-term detention when urgent assessment needed but Section 2 cannot be fulfilled
  • 1 doctor +
  • AMHPApproved mental health professional or nearest relative
 Up to 72 hours
 

Section Description Purpose Persons Involved Duration
Section 5(2) Detention of inpatients who want to leave Prevented admitted patients from leaving before full assessment carried out 1 doctor Up to 72 hours
Section 5(4) Detention of inpatients who want to leave Detention necessary and needs urgent clinical assessment 1 nurse Up to 6 hours
 

Section Description Purpose Duration
Section 135 Removal from home to place of safety Court-issued warrant allowing police to enter private premises to remove person for assessment Up to 24 hours (extendable 12 hours)
Section 136 Removal from public place to place of safety Police power to remove person from public place for assessment Up to 24 hours (extendable 12 hours)
 

Section 17A (community treatment order)
  • Allow treatment and supervision in the community (outside of hospital)
  • Patient can be recalled if necessary (they must attend)
  • Requires previous detention under sections 2, 3, 17A

Section 17
  • Different from 17A
  • This is leave of absence from hospital - allowing detained patient (under section 2 or 3) to temporary leave the hospital

References

Author: Adams Lau
Reviewer:
Last edited: 24/07/25