MHA section 5(2) registered medical practitioner and approved clinicians holding power

Document category: Trust wide policy

Document date: November 1, 2022

This policy should be read in conjunction with section 5(2) of the Mental Health Act 1983, chapter 18 of the Mental Health Act Code Practice 2015 and chapter 8 reference guide to the Mental Health Act 1983.

Section 5(2) of the Mental Health Act 1983 authorises the detention for up to 72 hours, of an in-patient. It can only be used where the doctor/approved clinician in charge of the treatment of an informal patient, or the nominated deputy, concludes that an application for admission under one of the relevant sections of the Act is appropriate.

For this purpose informal in-patients include those being treated for physical disorders who need assessment for mental disorder.

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