What is a psychiatric detention order?

What is a psychiatric detention order?

Involuntary commitment, civil commitment, involuntary hospitalization or involuntary hospitalisation (Commonwealth English; see spelling differences), (also known informally as sectioning or being sectioned in some jurisdictions, such as the United Kingdom) is a legal process through which an individual who is deemed …

What is the criteria for detention under the Mental health Act?

The two doctors must agree that you are suffering from a mental disorder of a nature or degree which warrants your detention in a hospital for assessment or treatment and that you ought to be detained in the interests of your own health, your own safety or with a view to the protection of other people.

Can you detain someone under the Mental Capacity Act?

You cannot be detained under this Act unless you meet the conditions for sectioning under the Mental Health Act 1983 (see our pages on sectioning for more information on when you can be sectioned). If you are detained under this Act, the health professionals must follow this Act when making decisions for you.

How long can you be detained under Mental health Act?

28 days
How long can you be detained under section 2? Up to 28 days. The section can’t normally be extended or renewed. But you may be assessed before the end of the 28 days to see if sectioning under section 3 is needed.

What is the criteria for detention?

A person may be involuntarily detained only if there is probable cause to believe that, as a result of a mental health disorder, the person is a danger to self, or a danger to others, or is gravely disabled (W&I Section 5150). Such persons may be detained involuntarily for psychiatric evaluation and treatment.

What 3 decisions Cannot be made on behalf of another?

Some types of decisions (such as marriage or civil partnership, divorce, sexual relationships, adoption and voting) can never be made by another person on behalf of a person who lacks capacity.

How does detention under the Mental Health Act work?

Following sentence the person would be taken to a secure psychiatric hospital and would be subject to the same process as if they had been transferred under section 47 (above). They would be transferred back to prison to serve the remainder of their sentence if the criteria for hospital detention was no longer made out.

How are mental health services provided in prisons?

Access to assessment, treatment, and (when necessary) referral of people with mental disorders, including substance abuse, should be an integral part of general health services available to all prisoners. The health services provided to prisoners should, as a minimum, be of an equivalent level to those in the community.

Can a hospital order be made alongside a prison sentence?

Under section 45A the Crown Court can make a Hospital Order alongside a prison sentence (except where the sentence is fixed by law). This is often referred to as The Hybrid Order.

Can a person be discharged under the Mental Health Act?

The person also has the right to appeal to the Hospital Mangers at any time, at the Hospital Managers discretion and the section can be discharged by the persons Responsible Clinician or at the request of their Nearest Relative. Whilst subject to section 2 a person can be given treatment for a mental disorder without their consent.

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