Who decides that someone should be detained
This is usually your Consultant Psychiatrist. A Mental Health Tribunal. The Associate Hospital Managers. Your nearest relative (although this can be overruled by the Responsible Clinician)
Who can apply for admission under section 3 of the Mental Health Act 2007
Section 3 allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.
When can police detain UK
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder.
How long can you be detained in Canada
If you are not released then, your detention must be reviewed every 30 days after that, until you are either released or removed from Canada. There is no limit on how long you can be detained. However, you cannot be held indefinitely.
Who can use Section 3 criminal law
Section 3 (1) of the Criminal Law Act 1967 states: "A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."20 Apr 2000
Who can discharge a detained patient from section 136
Once detained under a Section 136, discharge can only be undertaken following an assessment by an AMHP (Approved Mental health Practitioner) and two doctors. The police cannot revoke the Section 136 once this has been applied.
What does detained mean in law
In criminal law, to detain an individual is to hold them in custody, normally for a temporary period of time.
What is the criteria for detention under the Mental Health Act
The Mental Health Act says when you can be detained in hospital and treated against your wishes. You can be detained if professionals think your mental health puts you or others at risk, and you need to be in hospital. If you are detained, NHS staff may be able to give you treatment, even if you don't want it.
How can I get out of Section 3
But once you have been sectioned and are in hospital, there are several ways of getting discharged:
- Ask your responsible clinician to discharge you.
- Ask your hospital managers to consider discharging you.
- Ask your nearest relative to discharge you.
- Apply to the Mental Health Tribunal to be discharged.
How long can a person be detained without being charged
Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours. This is usually if you are suspected of more serious crimes such a murder.
How long can police detain you without charge in India
The police can detain you beyond 24 hours only with permission of the Magistrate. They may seek 'police custody' or 'judicial custody'. Police custody can only last 15 days from the date of arrest. This means you will be kept inside the lock-up at the police station for a maximum of fourteen more days.
Who can detain a patient
The court makes a hospital order on evidence from two doctors that: you have a mental disorder of a nature or degree that makes detention for medical treatment appropriate.
What qualifies for a detention
An officer's "brief and cursory" holding and questioning of someone is a detention. An example is a cop stopping someone who is behaving suspiciously in order to ask a few questions. The suspect isn't free to leave, but he also isn't under arrest, at least until the officer develops probable cause.
Can next of kin apply for admission under section 3
• To apply for admission
The NR can ask hospital managers to detain a person under section 2 or 3, or in an emergency.
Can nearest relative apply for Section 3
You cannot be detained under section 3 or be placed under a guardianship if your nearest relative disagrees. To object, your nearest relative needs to tell the approved mental health professional (AMHP) and give them reasons why they disagree.
What is Section 3 of Mental Health Act
Section 3 allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.
Who is involved with the decision about whether the person should be detained under Section 3
A team of health professionals assessed your mental health and decided that the best way to provide the care and treatment you need is to admit you to hospital under Section 3 for treatment. The team of professionals would be an Approved Mental Health Professional known as an AMHP and two doctors.
How do I get admitted to a psych ward
Admission to a public psychiatric unit is usually through the emergency department, or the hospital's community mental health team. For a private hospital you need your GP (family doctor) or a psychiatrist to arrange admission for you. If you need an interpreter, the hospital can organise this for you.