How long does it last?

Unlimited if necessary

What is the reason?

Same as Section 37 and it can only be made if a Section 37 has been made. Section 41 can only be made by a Crown Court. The court will consider, when making a Section 41, the nature of the offence, the reasons behind the offence, the future risk of further offences being committed and protection of the public from serious harm.

Medical Say So:

Same as Section 3 except one of the Doctor's must give spoken evidence in court.

Discharge Procedure:

Only by the Home Secretary or a tribunal.

How long does it last?

6 months can be increased to another 6 months and then a year at a time.

What is the reason?

The Crown Court and Magistrates Court can order hospital admission in respect of any person who has been convicted of an offence that would normally be a prison sentence.

Medical Say So:

Same as Section 2 except that both certificates by the Medical Practitioners must contain one diagnosis/symptom in common.

Discharge Procedure:

Mainly the same as in Section 2. Patient can apply to a tribunal once during the first 6 months of admission, once during the second six months and once again during each subsequent year if no application made after six months, the care will automatically be referred to a tribunal. Section 3 can also be used to detain a person who is deemed unable to care for themself, obtain the care they need or to prevent exploitation. The nearest relative cannot request discharge from the hospital.

Section 5 is divided into two categories and these are used by a Doctor and are used in respect of a person already in hospital

Section - 5 (4)

Nurses holding power: This section can be used if a person suffering a mental health problem whilst informally receiving treatment in hospital. If the problem becomes likely to impose on the health or safety of that person or for the protection of others should that person leave hospital and it is not possible to engage a Medical Practitioner to furnish a report under Section 5 (2) then the Registered Mental health Nurse can apply the Section 5 (4) and await the Doctor.

How long does it last?

6 hours

Who can issue a Section 5 (4)?

Registered Mental Health Nurse (First level)

Section - 5 (2)

How Long?

72 hours

Who can issue a Section 5 (2)?

An Approved Social Worker (ASW) or the nearest relative. The person applying for the section must have seen the Patient within the last 14 days.

Medical Say So:

One Doctor must determine that it is of utter urgency for the Patient to be admitted under Section 2 and waiting for another Doctor to confirm the need for Section 2 would cause undesirable delay and increase suffering and/or risk. Patient must be admitted within 24 hours of request for detention or medical examination. The Doctor must have seen the person within the last 24 hours.

How long does it last?

6 months. May be extended for another 6 months and then annually (one year at a time)

What is the reason?

IA mental health problem that is of such a nature or degree that it is appropriate for it to be treated in hospital. Also, if treatment can be used to alleviate and prevent deterioration of the problem. Can be used for the protection of the person or of other persons.

Who can issue a Section 3?

An Approved Social Worker (ASW) or the nearest Relative. Whoever is the person applying for the section; they must have seen the Patient within the last 14 days.

Medical Say So:

Same as Section 2 except that both certificates by the Medical Practitioners must contain one diagnosis/symptom in common.

Discharge Procedure:

Mostly the same as Section 2. Patient can apply to a tribunal once during the first 6 months of admission, once during the second six months and once again during each subsequent year if no application made after six months, the care will automatically be referred to a tribunal. Section 3 can also be used to detain a person who is deemed unable to care for himself, obtain the care he needs or to prevent exploitation.