This is a civil admission for assessment (or assessment followed by treatment) and lasts for a maximum of 28 days. It cannot be renewed, so will lapse at the end of the period; however, the patient can at any time be placed under section 3 instead. The patient can be discharged by the following routes.

1. The RC can discharge the patient at any time.
2. The patient can apply to the MHRT during the first 14 days of detention (and can do this by fax). The hearing must be held within 7 days. The Tribunal will discharge if the “section 2” criteria in s72 are not met.
3. The patient can also apply for a HMH, at any time. It depends on the efficiency/policy of the hospital whether this takes place before the section ends.
4. The patient’s NR can request the patient’s discharge (see below) which leads to considerations of dangerousness rather than the standard criteria.

For a consultation with one of our Mental Health Team please call us on 020 7426 0400 or email us on office@milesandpartners.com.