Emergency Detention under the MHA

Emergency Detention under the MHA

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Course Overview

This bite size session will focus on emergency detentions under the Mental Health Act 1983, particularly holding powers and emergency admission, whereby an emergency detention certificate allows a person to be held in hospital for up to 72 hours while their condition is assessed.

Delivered by former mental health practitioner Steph Barber of Law Hound, this session will provide viewers with an invaluable insight into this area of mental health law and is both a useful introduction to, or reminder for those, specialising in mental health law and tribunal work.

This course will examine the following:

  • Holding provisions of s5 of the MHA
  • Section 5 (s5) can be used by a doctor or nurse to prevent a patient from leaving hospital as a voluntary or informal patient. It can also be used were patients are having treatment in a general hospital for a physical condition. s5 should only be used when it is not possible or safe to use sections 2, 3, or 4.
  • S4 emergency admission for assessment
    • Section 4 (s4) requires the recommendation of only one doctor and is used in the following circumstances
      • The patient requires an assessment or possible medical treatment; and
      • The patient needs to be detained in the interests of their own health, their own safety or to protect other people; and
      • it is urgent and necessary that the patient is admitted and detained under section 2; and
    • using section 2 would involve an "undesirable delay
  • S135 and s136

What are the requirements?

  • Watch the recorded webinar and review the reference notes and optional evaluation form to test your legal knowledge.
  • This course provides 0.5 – 1 CPD points (depending on length of time spent reviewing the supporting documentation).

Learning Outcomes

  • On completion of this course viewers will have a greater understanding of emergency detention and needs pertinent to more vulnerable clients

What is the target audience?

  • Mental health practitioners



About Instructor - Steph Barber

Steph Barber completed her legal training in the North West before setting up her own specialist commercial and medical negligence law firm. She sold her firm in 2000 and joined a progressive London charity as their in house counsel. Steph joined Law Hound to head up their commercial law department and has developed Law Hound's online legal services.

Steph enjoys travel and eating out in her spare time. Steph has lectured extensively on CPD courses, to the Court Service, Legal Services Commission and private practices on procedure and practice.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Notes
    3 Page
  • Evaluation
    1 Page


  • Price
  • £ 60