Mental Health Act 20266

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Power to detain voluntarily admitted person who fulfils criteria for involuntary admission

37. (1) Where in respect of a voluntarily admitted person, a responsible consultant psychiatrist or another mental healthcare professional who is responsible for or involved in the care and treatment of the voluntarily admitted person is of the opinion that the voluntarily admitted person fulfils the criteria for involuntary admission, he or she, for the purpose of carrying out the matters in subsections (2) to (7), may—

(a) take charge of the person the subject of his or her opinion, and

(b) detain him or her for a period not exceeding 24 hours.

(2) The responsible consultant psychiatrist shall carry out an examination of the person concerned under section 21 (1).

(3) If, following an examination of the voluntarily admitted person, the responsible consultant psychiatrist is of the opinion that the person does not fulfil the criteria for involuntary admission—

(a) the process for involuntary admission initiated under subsection (1) shall not proceed further, and

(b) the voluntarily admitted person shall be immediately notified of the decision and informed of his or her right to leave the centre or stay as a voluntarily admitted person and a record of the decision shall be recorded in that person’s medical records.

(4) If, following an examination of the voluntarily admitted person, the responsible consultant psychiatrist is satisfied that the person the subject of the opinion has a mental disorder which fulfils the criteria for involuntary admission, the consultant psychiatrist shall arrange for another consultant psychiatrist who is not on the staff of the registered acute mental health centre and who will not be involved in the care and treatment of the person concerned (in this section referred to as the “second consultant psychiatrist”) to carry out a second examination of the person.

(5) If, following an examination of the voluntarily admitted person and consultation with the responsible consultant psychiatrist, the second consultant psychiatrist—

(a) is satisfied that the voluntarily admitted person fulfils the criteria for involuntary admission, he or she shall as soon as may be and in any event not later than 24 hours after the examination concerned, issue a certificate in writing in a form specified by the Commission stating that opinion and the reason for his or her opinion, or

(b) is not satisfied that the person fulfils the criteria for involuntary admission, he or she shall, as soon as may be and in any event not later than 24 hours after the examination concerned, issue a certificate in writing in a form specified by the Commission stating that he or she is of the opinion that the voluntarily admitted person does not fulfil the criteria for involuntary admission.

(6) Where a certificate is issued under subsection (5)(a), the responsible consultant psychiatrist shall make an order (in this Act referred to as an “involuntary admission order”) in a form specified by the Commission for the reception, detention and care and treatment of the voluntarily admitted person in the registered acute mental health centre and the opinion of the second consultant psychiatrist shall be recorded in the involuntary admission order.

(7) Where a certificate is issued under subsection (5)(b)—

(a) the process for involuntary admission initiated under subsection (1) shall not proceed further, and

(b) the responsible consultant psychiatrist shall inform the voluntarily admitted person that he or she is not being involuntarily admitted and that he or she is free to leave the registered acute mental health centre immediately or stay as a voluntarily admitted person and a record of the decision shall be recorded in his or her medical records.

(8) All steps taken under this section shall be completed within 24 hours of the time the person is detained under subsection (1).

(9) Sections 21 (4), 22 to 36 , 38 , 39 and 40 shall apply to a person involuntarily admitted under this section as they apply to a person involuntarily admitted under section 21 with any necessary modifications.

(10) The Commission shall be notified in a form specified by the Commission of the decision to detain or the decision not to detain in accordance with this section.