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S3 Renewal Timing — MRCPsych Paper B MCQ

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ModerateMental Health LawS3 Renewal TimingMRCPsych Paper B

A 34-year-old man detained for treatment under section 3 of the Mental Health Act 1983 in England is nearing the end of his current authorised period of detention, and the multidisciplinary team considers that continued detention will be required. Within which period before the detention would otherwise expire must the responsible clinician examine the patient and decide whether the criteria for renewal under section 20 are met?

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

Reveal the answer and explanation

Correct answer: A — The final 2 months before expiry

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

B is correct. Section 20(3) of the Mental Health Act 1983 imposes a duty on the responsible clinician, within the two months ending on the day detention would otherwise lapse, to examine the patient and decide whether the renewal conditions in section 20(4) are satisfied; the clinician must also consult at least one other professional involved in the patient's treatment, and a supportive report is furnished to hospital managers on Form H5 in England. D and E are distractors drawn from the length of the renewed detention periods under section 20(2) — six months for the first renewal, then one year — not the examination window. C echoes the three-month rule for medication under Part 4 consent-to-treatment provisions. A has no statutory basis; leaving the examination to the last week is poor practice, not the law.

Reference: Mental Health Act 1983, section 20(2)–(4) (Renewal of authority for detention), legislation.gov.uk, current amended version. https://www.legislation.gov.uk/ukpga/1983/20/section/20