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.