Introduction

The Mental Health Act 1983 (the act) makes sure that you get the right care and support if you are having a mental health crisis and services in the community can no longer help you to keep safe and well. This information is for people who have had an assessment under section 2 or 3 of the act and who have:
• been detained in a hospital; or
• been admitted to a hospital and are staying there voluntarily.

There is also information about what happens if you have had an assessment under the act, but you are going to stay at home or you are being admitted into guardianship. See the for guardianship page for more information.

Detention under section 2 of the act

By law, you can be detained in a hospital for up to 28 days. During this time, you cannot leave the hospital without a doctor’s permission.

The purpose of detaining you under section 2 is to give medical staff enough time to find out about your mental health condition and decide how to provide you with help to manage it.

A detention under section 2 cannot be extended.

Detention under section 3 of the act

Under section 3 of the act, you can be detained in a hospital for up to six months. During this time, you cannot leave the hospital without a doctor’s permission.

The purpose of detaining you under section 3 is to provide you with treatment for your mental health condition.