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Application Validity Period — MRCPsych Paper B MCQ

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HardMental Health LawApplication Validity PeriodMRCPsych Paper B

In England, two doctors examine a patient for an application for admission for assessment under section 2 of the Mental Health Act 1983. The examinations take place on 3 October and 6 October. An AMHP sees the patient on 8 October and completes the application on 9 October. Assuming the application is duly completed and accepted, by when must the patient be conveyed to the named hospital under that application?

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

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Correct answer: BBefore expiry of the 14-day period beginning on 6 October

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

B is correct. For a duly completed application under section 2, the authority to convey the patient to the named hospital lasts for 14 days beginning with the date of the last examination by a doctor providing a medical recommendation. The later medical examination was on 6 October, so that is the statutory anchor date. The AMHP’s later assessment on 8 October and completion of the application on 9 October do not extend the period. A patient should be conveyed as soon as practicable, but there is no requirement for admission to occur immediately. Twenty-eight days refers to the maximum period of detention under section 2 after admission, not the validity of conveyance authority. The 72-hour and 7-day periods do not apply to an ordinary section 2 application.

Reference: Department of Health and Social Care, Mental Health Act 1983: Code of Practice, paragraph 14.92, 2015 (effective from 1 April 2015). https://www.gov.uk/government/publications/code-of-practice-mental-health-act-1983