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Defined mental illness (Section 1)

Incomplete development of mind, psychopathic disorder and any other disorder or disability of mind.

Mental Disorder Categories:

• Mental illness; not defined
• Severe mental impairement
• Mental impairment
• Psychopathic disorder

Admission for Assessment (Section 2)

Period of section Lasts: 28 days maximum

Application has to be made by Approved Social Worker or patients nearest relative. Applicant must have seen the patient within the previous 14 days. Two doctors must then confirm that the patient requires a section to be placed upon them. They must confirm that the patient is suffering from a mental disorder of a nature or degree that warrents detention in hospital for assessment or at least a limited period. She or he ought to be detained in the interests of her or his own health or safety or for the protection of others. They can be discharged by a Responsible medical officer, hospital managers, the nearest relative (although the responsible medical officer can prevent them from discharging the patient by making a report to the hospital managers. Also a mental health review tribunal can discharge the patient. They can apply within the first 14 days of detention. 

 

Admission for treatment (Section 3)

Period of section lasts up to six months, renewable for a futher six months, then for one year at a time.

Application had to be made by the nearest relative or Approved Social Worker in the case were the nearest relative doesn't object or is displaced by County Court or it is not reasonably practicable to consult him or her. Two doctors must confirm that the patient is suffering from one of the four specified categoriesof mental disoder of a nature or degree that makes it appropriate for her or him to receive medical treatment in hospital and if the patient is suffering from a psychopathic disorder or mental impairement such treatment is likely to alleviate or prevent a deterioration of her or his condition. Or that it is necessary for his or her own health or safety or for the protection of others that he or she receives such treatment and it cannot be provided unless she or he is detained under this section. It can be renewed under section 20. The resoponsible medical officer can renew a section 3 detention if the original criteria still apply and treatment is likely to alliviate or prevent a deterioration of the patients condition. In cases where the patient is suffering from mental illness or severe mental impairement but treatment is not likely to alliviate or prevent a deterioration of her or his condition detention may still be renewed, if she or he is unlikely to be able to care for her or himself, to obtain the care she or he needs or to guard her or himslef against serious exploitation. The patient can be discharded by a responsible medical officer, hospital managers, the nearest relative although the responsible medical officer can prevent them discharging the patient by writing a report to the hospital managers. The nearest relative can apply to the mental health review tribunal within 28 days. A patient can apply to a mental health tribunal panel once during the first six months of detention.

 

Admission for assesment in cases of emergancy (section 4)

Period of section lasts for 72 hours maximum

Application has to be made by an Approved Social Worker or the nearest relative. The applicant must have seen the patient within the previous 24 hours. One doctor must confirm that it is of urgent necessity for the patient to be admitted and detained section 2 and waiting for a second doctor to confirm the need for an admission under section 2 would cause undesirable delay. The patient must be admitted within 24 hours of the medical examination or application, whichever is the earlier , or the application under section 4 is null or viod.

 

Compulsory detention of informal patients already in hospital (section 5)

 

A doctor in charge of an informal patients treatment (including inpatients being treated for physical problem), can detain a patient for up to 72 hours by reporting to hospital managers that an application for conpulsory admission ought to be made. A nurse of the prescibed class (a nurse trained to work with mental illness or learning disabilities) can detain and informal patient who is receiving treatment for mental disorder for up to six hours or until a doctor with authority to detain her or him arrives.

 

Guardianship (sections 7-10)

Period of section lasts up to six months, renewable for a further six months then for one year at a time.

Application can be made by approved social worker or nearest relative. Two doctors must confirm that the patient is suffering from one of the four specified categories of mental disorder of a nature or degree that warrants reception into guardianship and it is necessary in the interests of the patients welfare or for the protection of others. The patient must be over 16. The guardian must be a local social services authority, or person approved by the social services authority, for the area which she or he (the guardian) lives. Under section 8 a guardian had the following powers; to require a patient to live at a place specified by the guardian, to require a patient to attend places specified by the guardian for occupation, training or medical treatement (although the guardian cannot force the patient to undergo treatment), to ensure that a doctor, social worker or other person specified by the guardian can see the patient at home. The patient can be discharged by responsible medical officer, local social services authority, nearest relative, mental health review tribunal - the patient can apply to the tribunal once during the first six months of guardianship, once during the second six months and then once during each period or one year.

 

Mentally disordered persons found in public places (section 136)

 

Period of section lasts 72 hours maximum.

If it appears to a police officer that a person in a public place is suffering from mental disorder and is in immediate need of care or control she or he can take that person to a palce of safety which is usually a hospital but can be taken to a police station. Section 136 lasts for a maximum of 72 hours, so that the person can be examined by a doctor and interviewed by an approved social worker and any neccessary arrangements made for her or his treatment or care.

 

Warrant to search for and remove patients (section 135)

 

Period of section lasts 72 hours maximum

If there is reasonable cause to suspect that a person is suffering from a mental disorder and is being ill-treated or neglected or not kept under proper control or is unable to care for her or himself and lives alone a magistrate can issue a warrant authorising a police officer (with a doctor and approved social worker) to enter any premises here the person is believed to be and remove her or him to a place of safety.

 

Hospital Order (section 37)

 

Period of section lasts up to six months, renewable for a further six months, then for one year at a time.

A hospital order can be made by the Crown Court, or Magistrates Court in case of an offender convicted of an offence that it could punish with a prison sentence (such offences include manslaughter but not murder). The magistrates Court can make a hospital order without recording a conviction, if an offender is suffering from mental illness or severe mental impairment, and magistrates are satisfied that she or he commited the act as charged. The court can make a hospital order on evidence from two doctors that the offender is suffering from one of the four specified categories of mental disorder of a nature or degree that makes detention for medical treatment appropriate and if the patient is suffering from a psychopathic disorder or mental impairment, such treatment is likely to alliviate or prevent a deterioration of her or his condition and taking into avvount all the relevant circumstances, includingthe past history and character of the offender and alternative methods of dealing eith her or him, a hospital order is the most suitable option. Patients can be discharged by responsible medical officer, hospital managers or mental health review tribunal.

 

Restriction Order (section 41)

 

Period of section may be specified by the court or without limit of time.

The Crown Court that has made a hospital order under section 37 can also impose a restriction order if this is neccessary to protect the public from serious harm and at least one of the doctors who made recommendations for the hospital order gave her or his evidence orally.A magistrates court cannot make a restriction order but can commit an offender to a crown court so that a section 41 order can be imposed. Patients on restriction orders are usually known as restricted patients. Patients can be discharged by the home secretary or a mental health trubunal.

 

Transfer to hospital from prison (section 47)

 

Period of section lasts up to six months, renewable for a further six months, then for one year at a time. If the home secretary imposes a restriction direction (section 49), it continues in force until the earliest date on which the patient would have been released from prison with remission.

The home secretary orders the transfer, if satisfied by ecidence from two doctors that and offfender had one of the four specified categories of mental disorder or a nature or degree that makes detention for medical treatment appropriate and if the patient has a psychopathic disoeder or mental impairment, such treatment is likely to alleviate or prevent a deterioration of this condition. Patient can be discharged if there is no restriction direction. They can be discharged by a responsible medical officer, hospital managers, or a mental health review tribunal.

 

Remand to hospital for medical report (section 35)

Period of section lasts up to 28 days, renewable for further periods of 28 days to a maximum of 12 weeks in total.

The Crown Court or Magistrates Court remands the accused person to hospital on evidence from one doctor that there os a reason to suspect that she or he is suffering from one of the four specified categories of mental disorder and it would be impracticable for a report on her or his mental condition to be made if she or he were remanded on bail.

 

Remand to hospital for treatment (section 36)

 

Period of section lasts up to 28 days, renewable for further periods of 28 days to maximum or 12 weeks in total.

The Crown Court remands the accused person to hospital for treatment, on evidence from two doctors that she or he is suffering from mental illness or severe impairment of a nature or degree that makes detention for treatment appropriate.

 

Interim hospital order (section 38)

 

Period of section lasts 12 weeks, renewable for 28 days at a time, to a maximum of six months in total.

The Crown Court or Magistrates Court makes an interim hospital order on evidence from two doctors that a convicted offender is suffering from one of the fourt specified categories of mental disorder and there is reason to suppose that it is appropriate for the order to be made. A hospital order or prison sentence may subsequently be imposed on an offender who has been subjected to an interim hospital order.

 

Hospital and limitation direction (section 45A)

 

Period of section is the same as for transfer under section 47 together with a restriction direction under section 49. The offender may be transferred to prison at any time during her or his sentence by warrant of the home secretary on the recommendation of her or his responsible medical officer or mental health review tribunal.

The Crown Court having considered making a hospital order (section 37)  instead imposes a fixed term sentence of imprisionment it may direct immediate admission of the offender to hosptial, if it is satisfied  by evidence from two doctors that she or he suffers from a psychopathic disorder or a nature or degree that makes medical treatment appropriate and such treatment is likely to alleviate or prevent a deterioration of his or her condition. The patient can be discharged before the end of the prison sentence, the offender can only be discharged by the home sectretary, on recommendation of the responsible medical officer or mental health review tribunal. She or he may order a return to prison instead. At the end of the prison sentence (allowing for remission), the limitation direction crases to have effect, and the offender is treated as if she or he were on a hospital order (section 37).