Sections 5(2) and 5(4)
Although not commonly used, the following sections are worth noting. Section 5(2), known as the Doctors’ Holding Power, permits a doctor to legally detain a voluntary patient for up to 72 hours. This section is applied where it is believed that the patient is a danger to himself or others and that, in the opinion of the doctor, detention under the act is necessary. The 72 hours are intended to permit further assessment to be undertaken and, if necessary, to arrange a section 2 or section 3 admission. If no further sections are applied after the 72 hours, the patient is then free to take his/her discharge if s/he so wishes.
Section 5(4), known as the Nurses’ Holding Power, is used even less commonly than section 5(2). However, it is essential that those nurses qualified to exercise this power (Registered Mental Nurse or Registered Learning Disability Nurse) are familiar with the section. As with the doctors, the holding power of section 5(4) permits voluntary patients to be legally detained; unlike section 5(4), however, the period of detention is only 6 hours. The grounds for the application are that it appears to the nurse:
(1) that the patient is suffering from mental disorder to such a degree that it is necessary for his health or safety or for the protection of others for him to be immediately restrained from leaving the hospital; and
(2) that it is not practicable to secure the immediate attendance of a medical practitioner for the purpose of furnishing a report under section 5(2).
The nurse simply has to record in writing that the conditions are met. This written record has to be conveyed to the hospital managers as soon as possible. The patient can then be prevented from leaving the ward pending the arrival of the doctor, who could, if necessary, impose a section 5(2). If the doctor imposes a section 5(2), the 72-hour period of the section 5(2) starts from the time of the original section 5(4) report by the nurse.
PART III: PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS OR UNDER SENTENCE
Unlike the sections in Part II in THE MENTAL HEALTH ACT 1983, Part III deals with compulsory detention that does involve the judiciary.
