Mental Health Act: Key Sections

Key points

• Section 2: admission for assessment (with treatment) — up to 28 days; needs two doctors plus an approved mental health professional (AMHP).
• Section 3: admission for treatment — up to 6 months, renewable; two doctors plus AMHP.
• Section 5(2): doctor's holding power for a voluntary inpatient — up to 72 hours.
• Section 5(4): nurse's holding power — up to 6 hours.
• Section 136: police power to remove a person from a public place to a place of safety (up to 24 hours, extendable by 12 hours).
• Reform: the Mental Health Act 2025 received Royal Assent in December 2025 and will amend the 1983 Act through phased implementation over the coming years (revised detention criteria, statutory care/treatment planning, changes for people with a learning disability or autism, strengthened patient voice). The section powers above remain in force in the meantime.