Section47
ThisappliesiftheMinistryofJusticeordersyouto betransferredfromprisontohospitalfor treatmentofyourmentalhealthproblems. Youcanbekeptunderthissectionforupto6 months,renewableforasecond6months,andthen 1yearatatime.
Youcanbekeptinhospitaluntiltheendofthe section47,orthedatewhenyoushouldbereleased fromprison.
Whilstundersection47,a'restriction direction'(section49canbeimposed. Thismeansyoucanonlybedischarged, transferred,orgivensection17leavewiththe permissionoftheSecretaryofState.
Beingsectionedmeansthatyouarekeptin hospitalundertheMentalHealthActforyour ownhealthorsafety,ortoprotectother people.
Therearedifferenttypesofsections,eachwith differentrulestokeepyouinhospital. Ifyouare sectioned,youcanbekeptinhospital,stopped fromleavingtheward,andgiventreatmentfor yourmentalhealthproblems,possiblywithout yourconsent.
Tohelpyouunderstandyourrightswhilst sectionedandhowtobedischargedfrom hospital,youhavetherighttogethelpfroman independentMentalHealth Advocate(IMHA)
Section
2
You can be detained under section 2 if:
You have a mental disorder
You need to be detained for a short time for assessment and, it is necessary for your health or safety or for the protection of others
This is usually for 28 days and cannot normally be extended or renewed BUT before the end of the 28 days you may be assessed to see if sectioning under section 3 is needed.
Section 3
You can be detained under Section 3 if:
You have a mental disorder
It is necessary for your health and safety or for the protection of others and, Treatment cant be given unless you are detained in hospital
This is for up to 6 months and can be renewed or extended by your Responsible Clinician. They can discharge you from your section before it comes to an end.. In which case you are free to.
Section 35
You can be detained under section 35 if you are accused of a crime in criminal proceedings. The court can remand you to hospital if one doctor has evidence to suspect:
There is evidence to suspect you have a mental disorder
It would be impracticable for a report on your mental health condition to be made if you were remanded on bail.
You can be detained under section 35 for up to 28days, renewable for further periods of 28 days, up to a maximum of 12 weeks.
Section 37
Under this section you can be sent to hospital for treatment. The court can make a hospital order on evidence from two doctors:
That you have a mental disorder
Appropriate medical treatment is available
A hospital order is the most suitable option for you taking into account circumstances incl past history, character, and other methods of dealing with your mental health that may be available
This detention can be for 6 months and can then be renewed.
Whilst on section 37 the court can also impose a 'restriction order (section 41)
This means you can only be discharged, transferred, or even given Section 17 leave with the permission of the Ministry of Justice
This restriction order will only be put in place if the court thinks it necessary to protect the public from serious harm.