MHA 1983 s20

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part II contents

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All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Changes made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Duration of authority

20.—(1) Subject to the following provisions of this Part of this Act, a patient admitted to hospital in pursuance of an application for admission for treatment, and a patient placed under guardianship in pursuance of a guardianship application, may be detained in a hospital or kept under guardianship for a period not exceeding six months beginning with the day on which he was so admitted, or the day on which the guardianship application was accepted, as the case may be, but shall not be so detained or kept for any longer period unless the authority for his detention or guardianship is renewed under this section.

(2) Authority for the detention or guardianship of a patient may, unless the patient has previously been discharged [under section 23 below],[1] be renewed—

(a) from the expiration of the period referred to in subsection (1) above, for a further period of six months;
(b) from the expiration of any period of renewal under paragraph (a) above, for a further period of one year.

and so on for periods of one year at a time.

(3) Within the period of two months ending on the day on which a patient who is liable to be detained in pursuance of an application for admission for treatment would cease under this section to be so liable in default of the renewal of the authority for his detention, it shall be the duty of the [responsible clinician][1]

(a) to examine the patient; and
(b) if it appears to him that the conditions set out in subsection (4) below are satisfied, to furnish to the managers of the hospital where the patient is detained a report to that effect in the prescribed form;

and where such a report is furnished in respect of a patient the managers shall, unless they discharge the patient [under section 23 below],[1] cause him to be informed.

(4) The conditions referred to in subsection (3) above are that—

(a) the patient is suffering from [mental disorder][1] of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and
[...][1]
(c) it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and that it cannot be provided unless he continues to be detained; [and
(d) appropriate medical treatment is available for him.][1]

[...][1]

(5) Before furnishing a report under subsection (3) above the [responsible clinician][1] shall consult one or more other persons who have been professionally concerned with the patient's medical treatment.

[(5A) But the responsible clinician may not furnish a report under subsection (3) above unless a person—

(a) who has been professionally concerned with the patient's medical treatment; but
(b) who belongs to a profession other than that to which the responsible clinician belongs,

states in writing that he agrees that the conditions set out in subsection (4) above are satisfied.][1]

(6) Within the period of two months ending with the day on which a patient who is subject to guardianship under this Part of this Act would cease under this section to be so liable in default of the renewal of the authority for his guardianship, it shall be the duty of the [appropriate practitioner]—[1]

(a) to examine the patient; and
(b) if it appears to him that the conditions set out in subsection (7) below are satisfied, to furnish to the guardian and, where the guardian is a person other than a local social services authority, to the responsible local social services authority a report to that effect in the prescribed form;

and where such a report is furnished in respect of a patient, the local social services authority shall, unless they discharge the patient [under section 23 below],[1] cause him to be informed.

(7) The conditions referred to in subsection (6) above are that—

(a) the patient is suffering from [mental disorder][1] of a nature or degree which warrants his reception into guardianship; and
(b) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should remain under guardianship.

(8) Where a report is duly furnished under subsection (3) or (6) above, the authority for the detention or guardianship of the patient shall be thereby renewed for the period prescribed in that case by subsection (2) above.

(9) [...][1]

(10) [...][1]

Amendments

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 Mental Health Act 2007 s1 & sch1, s4, s9, s32 & sch 3, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08 Cite error: Invalid <ref> tag; name "MHA" defined multiple times with different content