Section 5

This Section allows healthcare workers other than Approved Mental Health Professionals (AMHPs) to detain patients.
The individual concerned must be an inpatient
The most commonly used are Sections 5.2 and 5.4
Section 5.2 is for use by doctors and allows detention for up to 72 hours.
Section 5.4 is for use by a nurse of ‘prescribed class’ – this is usually a nurse with specific training in Mental Health or in Learning Difficulties – and allows detention for up to 6 hours. It is a common error to believe that all nurses can detain a patient under Section 5.4
Neither can be extended.
Consent from the patient is still required for treatment/investigations unless they have been shown to lack capacity to make that decision.
Section 5.4 expires as soon as a doctor arrives to review the patient. Subsequently, the patient may choose to remain as a voluntary patient or the doctor can detain them under Section 5.2