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Section 5(2) — MRCPsych Paper B MCQ

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EasyMental Health LawSection 5(2)MRCPsych Paper B

An informal inpatient on a psychiatric ward states that they intend to leave hospital. The duty doctor, acting as the nominated deputy of the clinician in charge of the patient's treatment, personally examines the patient and validly invokes the holding power under section 5(2) of the Mental Health Act 1983. What is the maximum duration of this holding power?

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Correct answer: B72 hours

The correct answer is **C: 72 hours**. Section 5(2) permits an informal hospital inpatient to be detained for a maximum of 72 hours while assessment for an application under the Mental Health Act is arranged. The period begins when the clinician's written report is furnished to the hospital managers, and assessment should be arranged as soon as possible rather than routinely waiting 72 hours. The power cannot be renewed. A duty doctor may use it if validly designated as the nominated deputy and must exercise independent clinical judgement. Six hours is the maximum duration of the nurse's holding power under section 5(4), not section 5(2). Twenty-four hours, 7 days and 28 days are not section 5(2) time limits; 28 days is associated with detention for assessment under section 2.

Reference: Department of Health. Mental Health Act 1983: Code of Practice. Chapter 18, paragraphs 18.3, 18.6 and 18.12–18.20. 2015. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/396918/Code_of_Practice.pdf