skip to main content

Section 3 Criteria — MRCPsych Paper B MCQ

Instant feedback + full explanation. One question, done properly.

ModerateMental Health LawSection 3 CriteriaMRCPsych Paper B

In England, an Approved Mental Health Professional is considering an application for admission for treatment under section 3 of the Mental Health Act 1983. Which of the following is NOT required for detention under section 3?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: E — The patient has previously been detained under section 2

Explanation lettering: C = shown as A · A = shown as C · E = shown as D · D = shown as E

D is not a statutory criterion for detention under section 3. A section 3 application can be made directly; prior detention for assessment under section 2 is not a prerequisite. The section 3 criteria are that the patient has a mental disorder of a nature or degree making hospital medical treatment appropriate; that treatment is necessary for their health or safety or for protection of others; that the treatment cannot be provided unless they are detained; and that appropriate medical treatment is available. Thus A, B, C and E each describe an element of the detention criteria. Section 2 is commonly used before section 3 where further assessment is needed, but this is a matter of clinical and legal appropriateness rather than an obligatory sequence.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, chapter 14, paragraph 14.5, 2015. https://assets.publishing.service.gov.uk/media/5a80a774e5274a2e87dbb0f0/MHA_Code_of_Practice.PDF