Legislation – Mental Health Act 2025

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Grounds for detention and community treatment orders

5Grounds for detention

(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.