Sectioning

You can be detained under section 4 if you meet all 3 of the following criteria:

• You have a mental disorder.
• It's ‘urgently necessary’ for you to be admitted to hospital and detained.
• If you waited for a second doctor to confirm that you need to go into hospital under section 2, this wait would cause ‘undesirable delay’.

Rather than the team of 3 health professionals who normally do a Mental Health Act Assessment, just 1 doctor and the AMHP can detain you under section 4. They can take you to hospital in an emergency and assess you there.

You can be detained for up to 72 hours under section 4. Your rights are different compared to your rights under other sections. For example, doctors cannot treat you without your consent under section 4.

You'll usually hear section 7 called ‘guardianship’.

You can only be placed under guardianship if it's necessary for your welfare, or to protect other people. It gives someone called a ‘guardian’ the power to make certain decisions about you. They can also make conditions that you'll be asked to follow, like where you'll live.

You can live in the community under guardianship instead of being detained in hospital. Guardianship aims to let you live with some independence outside of hospital.

Under section 7, your guardian is appointed by law. Your guardian could be a person, like a nearest relative, or a local authority.

Guardianship can last up to 6 months. It can be extended for another 6 months, then each further extension can last a year at a time. During each of these periods, you can only challenge this section once at the Mental Health Tribunal.

Section 17 only applies if you're already detained under another section of the Mental Health Act.

Section 17 gives the responsible clinician power to ‘grant you leave’ for a set period of time. Having ‘leave’ means being able to spend time outside of the ward or hospital.

They'll probably ask you to follow certain conditions, such as:

• Returning to hospital on a certain day or time
• Staying at a particular place
• Spending your time on leave under the care of a particular person

These sections deal with the nearest relative:

• Section 26 sets out who your nearest relative should be.
• Section 29 explains how and why you might want to change your nearest relative to a different person.

To find out more, see our information on nearest relatives and changing your nearest relative.

Section 35 applies if you've been accused of a crime in criminal proceedings. The Crown Court or Magistrates' Court can remand you to hospital if at least 1 doctor has evidence of both of the following:

• There's ‘reason to suspect’ that you have a mental disorder.
• If you were remanded on bail, it would be difficult to make a report on your mental condition.

They might want to remand you to hospital to have more time to assess you and make their report. This report might help determine whether you're unfit to plead.

You can be kept under section 35 for up to 28 days. It can be extended for further periods of 28 days, up to a maximum of 12 weeks total.

To find out more, see our information on the courts and mental health.

Under section 37, you can be sent to hospital for treatment. You might also hear it called a ‘hospital order’. There are 2 different courts that can put you under this section:

• The Crown Court can make a hospital order before or after you've been convicted of an offence.
• The Magistrates' Court can only make a hospital order after you've been convicted of an offence that could be punished with a prison sentence.

A court can make a hospital order if 2 doctors have evidence for these 3 conditions:

• You have a mental disorder of a nature or degree that makes it appropriate to detain you for medical treatment.
• There is appropriate medical treatment available for you.
• A hospital order is the most suitable option for you.

To make this decision, they must consider all ‘relevant circumstances’ that might be available to the court. This includes your past history, your character, and other methods of managing or treating your mental health problem.

You can be kept under section 37 for up to 6 months. It can be extended by a further 6 months, and then for 1 year at a time.

To find out more, see our information on the courts and mental health.

If the Crown Court has made a hospital order under section 37, it can also set a ‘restriction order’ called section 41. This means that you'll need permission from the Ministry of Justice to be discharged, transferred or given section 17 leave.

The court will make a restriction order if it's necessary to protect the public from serious harm.

There is no fixed time limit for how long you can be kept under section 41. This section can also change the time limit of section 37.

To find out more, see our information on the courts and mental health.

If the Ministry of Justice orders you to be transferred from prison to hospital for mental health treatment, you might be put under section 47.

You can be kept under section 47 for up to 6 months. It can be extended for another 6 months, and then further extensions of 1 year at a time.

To find out more, see our information on the courts and mental health.

If you're transferred from prison to hospital under section 47, the Ministry of Justice can also put you under section 49 at the same time. You might hear this called a ‘restriction direction’.

This means that the Secretary of State for Justice must give permission to discharge, transfer or grant you leave from hospital.

You can be kept in hospital under section 49 until the end of your related section 47. Or you can be kept up until the date when you should be released from prison.

To find out more, see our information on the courts and mental health.

Under section 117, health authorities and local social services have a duty to provide free aftercare. They should offer this when you've been discharged from hospital.

Their duty to provide aftercare applies if you meet any of these conditions:

• You've been discharged under section 3, 37, 45A, 47 or 48.
• You've been given section 17 leave.
• You've been put on a community treatment order (CTO).

The free aftercare services they provide must meet both of these conditions:

• The services meet a need relating to your mental health problem.
• The services should prevent your mental health from getting worse, to the point that you'd need to return to hospital.
  

For more information, see our page on section 117 aftercare.

You might be put under section 135 if there's ‘reasonable cause to suspect’ that you have a mental disorder. You must also meet either 1 of these conditions:

• You're being ill-treated, neglected or not kept under proper control.
• You live alone and are unable to care for yourself.

Section 135 might also involve the police. A magistrate can allow a police officer – along with a doctor and an AMHP – to enter any place where they believe you are. They can then keep you there or take you to a place of safety.

You can be kept under section 135 for up to 24 hours. In some cases, this can be extended up to 36 hours.

To find out more, see our information on police and mental health, and sections 135 and 136.

A police officer can take you to, or keep you at, a place of safety under section 136. They can do this if they believe that you have a mental disorder and are ‘in need of immediate care or control’.

In the place of safety, a doctor will examine you and an AMHP will interview you. After this, they'll make any necessary plans for your treatment or care.

You can be kept under section 136 for up to 24 hours. In some cases, this can be extended up to 36 hours.

To find out more, see our information on police and mental health, and sections 135 and 136.