MHA 1983 s3

Section 3 is used to admit patients for treatment, which can be imposed against their wishes. It is often to said to last for 6 months; this is the period it would last if the patient were not discharged sooner, or the section not renewed for a further period.

The initial period is 6 months. The section can be renewed for a further 6-month period, and then at yearly intervals thereafter.

One application can be made to the MHRT during each period mentioned above. Hearings take place approximately 4-8 weeks after the application.

The patient can be discharged by his RMO at any time (it is also the RMO who renews the section). He may also be discharged at an MHRT hearing, a Hospital Managers' Hearing or, finally, at the request of his nearest relative.

During the course of the section, leave may be granted by the RMO under s17, and the patient may be transferred to another hospital under s19.

Usually, when discharged, a patient is completely discharged from the provisions of the Mental Health Act, but occasionally a "supervised discharge" is granted under s25A.

Law

Admission for treatment

3.- (1) A patient may be admitted to a hospital and detained there for the period allowed by the following provisions of this Act in pursuance of an application (in this Act referred to as "an application for admission for treatment") made in accordance with this section.

(2) An application for admission for treatment 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 makes it appropriate for him to receive medical treatment in a hospital; and

[...]

(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 it cannot be provided unless he is detained under this section[; and

(d) appropriate medical treatment is available for him.]

(3) An application for admission for treatment 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; and each such recommendation shall include -

(a) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) and [(d)] of that subsection; and

(b) a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of that subsection, specifying whether other methods of dealing with the patient are available and, if so, why they are not appropriate.

[(4) In this Act, references to appropriate medical treatment, in relation to a person suffering from mental disorder, are references to medical treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case.]

Amendments