http://www.legislation.gov.uk/ukpga/2025/33/section/5Mental Health Act 2025enStatute Law Database2026-04-09Expert Participation2026-04-06
Grounds for detention and community treatment ordersGrounds for detention
5
1
The Mental Health Act 1983 is amended as follows.
2
In section 2 (admission for assessment), in subsection (2)—
a
omit the “and” at the end of paragraph (a);
b
for paragraph (b) substitute—
b
serious harm may be caused to the health or safety of the patient or of another person unless the patient is so detained; and
c
given the nature, degree and likelihood of the harm, the patient ought to be so detained.
3
In section 3 (admission for treatment)—
a
in subsection (2), for paragraphs (c) and (d) substitute—
b
serious harm may be caused to the health or safety of the patient or of another person unless the patient receives medical treatment,
c
it is necessary, given the nature, degree and likelihood of the harm, for the patient to receive medical treatment,
d
the necessary treatment cannot be provided unless the patient is detained under this Act, and
e
appropriate medical treatment is available for the patient.
;
b
in subsection (3)—
i
in paragraph (a), for “(d)” substitute “(e)”;
ii
in paragraph (b), for “(c)” substitute “(b) to (d)”.
4
In section 5(4) (detention for six hours pending application for admission), for paragraph (a) (but not the “and” at the end) substitute—
a
that the patient is suffering from mental disorder to such a degree that serious harm may be caused to the health or safety of the patient or of another person unless the patient is immediately restrained from leaving the hospital;
.
5
In section 20 (renewal of authority for detention of patient detained in pursuance of application for admission for treatment etc), in subsection (4), for paragraphs (c) and (d) substitute—
b
serious harm may be caused to the health or safety of the patient or of another person unless the patient receives medical treatment,
c
it is necessary, given the nature, degree and likelihood of the harm, for the patient to receive medical treatment,
d
the necessary treatment cannot be provided unless the patient continues to be liable to be detained, and
e
appropriate medical treatment is available for the patient.
6
The amendment made by subsection (5), so far as relating to persons who are liable to be detained by virtue of Part 3 of the Mental Health Act 1983, applies in relation to such a person whether the person became so liable before or after the coming into force of this section.
S. 5 not in force at Royal Assent, see s. 56(3)