skip to main content

Section 3 Expiry — MRCPsych Paper B MCQ

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

ModerateMental Health LawSection 3 ExpiryMRCPsych Paper B

A patient detained under section 3 of the Mental Health Act 1983 is present on the ward when the current period of detention expires. No section 20 renewal report has been duly furnished, and no other legal authority to detain the patient applies. The patient has capacity to decide whether to remain in hospital and asks to leave. Which statement best describes the legal position?

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

Reveal the answer and explanation

Correct answer: D — The authority to detain ends; the patient may remain only informally by agreement and is free to leave

Explanation lettering: D = shown as A · A = shown as B · B = shown as D

B is correct. Section 20 provides the mechanism for renewing the authority to detain a section 3 patient. If the current period expires without a valid renewal, the patient ceases to be liable to detention under section 3. They may remain in hospital informally only if they agree to do so and, on the facts given, are free to leave. Hospital-managers’ discharge is unnecessary because the authority has expired. There is no automatic conversion to section 2 or automatic activation of section 5(2); either would require its own statutory procedure and criteria. A nearest relative is not required to make a new application, although a fresh Mental Health Act assessment may be arranged if detention is considered necessary.

Reference: Department of Health and Social Care. Code of Practice: Mental Health Act 1983, Chapter 32: Renewal, extension and discharge. 2015, updated 2017. https://www.gov.uk/government/publications/code-of-practice-mental-health-act-1983