MHA 1983 s2

Section 2 allows for up to 28 days of detention for assessment, or assessment followd by treatment. The patient can be forcibly medicated. It cannot be renewed (but see s29). To continue to detain someone beyond the 28 days he must be placed under s3.

One application can be made to the Mental Health Review Tribunal, but only during the first 14 days of detention. The hearing should be held within 7 days of receipt of the application (which can be faxed).

The nearest relative's discharge powers apply to s2 as they do to s3, the only difference being the NR's inability to apply to the MHRT following a RMO's barring order.

Section 2 is generally used for first admissions. Once someone is known it is more common for them to be admitted under section 3 (admission for treatment).

Law

Admission for assessment

2.- (1) A patient may be admitted to a hospital and detained there for the period allowed by subsection (4) below in pursuance of an application (in this Act referred to as "an application for admission for assessment") made in accordance with subsections (2) and (3) below.

(2) An application for admission for assesment may be made in respect of a patient on the grounds that—

(a) he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and

(b) he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.

(3) An application for admission for assessment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with.

(4) Subject to the provisions of section 29(4) below, a patient admitted to hospital in pursuance of an application for admission for assessment may be detained for a period not exceeding 28 days beginning with the day on which he is admitted, but shall not be detained after the expiration of that period unless before it has expired he has become liable to be detained by virtue of a subsequent application, order or direction under the following provisions of this Act.

Amendments

None.