Mental Health Act 2025

Prospective

29 Detention periods U.K.

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 19 (regulations as to transfers of patients), after subsection (2) insert—

“(2A) But, in the case of a patient falling within subsection (2)(d), section 20 has effect as if the patient had been admitted to hospital in pursuance of an application for admission for treatment on the day on which the patient is transferred.”

(3) In section 20 (duration of authority)—

(a) for subsections (1) and (2) substitute—

“(1) Subject to the following provisions of this Part—

(a) a patient admitted to hospital in pursuance of an application for admission for treatment may be detained in a hospital for a period not exceeding three months beginning with the day on which the patient was so admitted, but may not be so detained for any longer period unless the authority for the patient’s detention is renewed under this section;

(b) a patient placed under guardianship in pursuance of a guardianship application may be kept under guardianship for a period not exceeding six months beginning with the day on which the guardianship application was accepted, but may not be so kept for any longer period unless the authority for the patient’s guardianship is renewed under this section.

(2) Authority for the detention of a patient may, unless the patient has previously been discharged under section 23, be renewed—

(a) from the expiration of the period referred to in subsection (1)(a), for a further period of three months;

(b) from the expiration of any period of renewal under paragraph (a), for a further period of six months;

(c) from the expiration of any period of renewal under paragraph (b), for a further period of one year, and so on for periods of one year at a time.

(2A) Authority for the guardianship of a patient may, unless the patient has previously been discharged under section 23, be renewed—

(a) from the expiration of the period referred to in subsection (1)(b), for a further period of six months;

(b) from the expiration of any period of renewal under paragraph (a), for a further period of one year, and so on for periods of one year at a time.”;

(b) in subsection (8), after “subsection (2)” insert “or (2A)”.

(4) In section 21B (patients who are taken into custody or return after more than 28 days)—

(a) in subsection (5), after “20(2)” insert “or (2A)”;

(b) in subsection (6)(b), after “20(2)” insert “or (2A)”.

(5) In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders)—

(a) in paragraph 2, at the end insert “(subject to any qualifications expressed in those paragraphs)”;

(b) in paragraph 2B, for paragraph (c) substitute—

“(c) subsection (5) is to be omitted.”;

(c) in paragraph 5—

(i) for “section 19(2)” substitute “section 19—

(a) in subsection (2)”;

(ii) at the end insert—

“(b) subsection (2A) is to be omitted.”;

(d) after paragraph 5A insert—

“5B (1) The modifications of section 20 made by this paragraph apply in relation to a patient transferred from guardianship to a hospital in pursuance of regulations made under section 19.

(2) In section 20(1)(a)—

(a) for “in pursuance of an application for admission for treatment” there is to be substituted “as a result of being transferred in pursuance of regulations under section 19 ”;

(b) for “admitted”, in the second place it occurs, there is to be substituted “transferred”.

5C (1) The modifications of section 20 made by this paragraph apply in relation to a patient in respect of whom a community treatment order was revoked under section 17F within the period of six months beginning with the date of the relevant order or direction under Part 3.

(2) In section 20(1)(a)—

(a) for “application for admission for treatment” there is to be substituted “order or direction under Part 3 of this Act”;

(b) for “three months” there is to be substituted “six months”;

(c) for “day on which the patient was so admitted” there is to be substituted “day on which the community treatment order in respect of the patient was revoked”.

(3) In section 20(2)—

(a) in paragraph (a), for “three months” there is to be substituted “six months”;

(b) in paragraph (b), for “six months” there is to be substituted “one year”.

5D (1) The modifications of section 20 made by this paragraph apply in relation to a patient in respect of whom a community treatment order was revoked under section 17F after the end of the period of six months beginning with the date of the relevant order or direction under Part 3.

(2) In section 20(1)(a)—

(a) for “application for admission for treatment” there is to be substituted “order or direction under Part 3 of this Act”;

(b) for “day on which the patient was so admitted” there is to be substituted “day on which the community treatment order in respect of the patient was revoked”.”;

(e) for paragraph 6 substitute—

“6 (1) The modifications of section 20 made by this paragraph apply in relation to a patient where none of paragraphs 5B to 5D applies.

(2) In section 20(1)—

(a) in paragraph (a)—

(i) for “application for admission for treatment” there is to be substituted “order or direction under Part 3 of this Act”;

(ii) for “three months” there is to be substituted “six months”;

(iii) for “day on which the patient was so admitted” there is to be substituted “date of the relevant order or direction under Part 3 of this Act”;

(b) in paragraph (b)—

(i) for “a guardianship application” there is to be substituted “an order under Part 3 of this Act”;

(ii) for “day on which the guardianship application was accepted” there is to be substituted “date of the relevant order under Part 3 of this Act”.

(3) In section 20(2)—

(a) in paragraph (a), for “three months” there is to be substituted “six months”;

(b) in paragraph (b), for “six months” there is to be substituted “one year”.”

(6) In Part 2 of Schedule 1 (application of certain provisions to patients subject to special restrictions), in paragraph 5, after paragraph (b) insert—

“(ba) subsection (2A) is to be omitted;”.

(7) In Schedule 5 (transitional and saving provisions), in paragraph 9 omit sub-paragraph (2).

Commencement Information

I1 S. 29 not in force at Royal Assent, see s. 56(3)