Section 3
Section 3 provides the authority for someone to be detained in hospital for up to 6 months for treatment. As with section 2, an application to apply section 3 requires two medical recommendations. The grounds for the application, as stated in the act, are that the person:
(1) is suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is of a nature or degree which make it appropriate for him to receive medical treatment in a hospital; and
(2) in the case of psychopathic disorder or mental impairment, such treatment is likely to alleviate or prevent a deterioration of his condition; and
(3) it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this Section.
This section is typically used when a section 2 has expired, and extended treatment is required. It is also commonly used where someone with a mental disorder is well known to the hospital. This enables a fi rm treatment plan, rather than open-ended assessment, to commence early in the period of detention. If treatment is still required after the initial 6 months, this section can be renewed for a further 6 months and then for 12 months at a time. Although uncommon in practice, it is worth noting that a section 3 cannot normally be imposed if the nearest relative objects.
