How long can you be kept in hospital under the Mental Health Act?
Short answer
It depends on the section. Section 2 lasts up to 28 days and cannot be renewed. Section 3 runs for six months, renewable for another six and then yearly. Section 4 and Section 5(2) holding powers last 72 hours, and Section 136 lasts 24 hours. You can appeal at every stage.
There is no single answer, because the Mental Health Act 1983 contains several separate powers with very different time limits. What matters is which section you are on — and the paperwork you are given on admission must tell you.
How long each section lasts
- Section 2 — assessment: up to 28 days. It cannot be renewed. Before it expires you must either be discharged or, if longer detention is needed, an application for Section 3 must be made.
- Section 3 — treatment: an initial six months, renewable for a further six months and annually after that. There is no absolute maximum, but the criteria have to be met again at every renewal.
- Section 4 — emergency assessment: up to 72 hours, on a single medical recommendation and an Approved Mental Health Professional's application, in genuine emergencies.
- Section 5(2) — the doctor's holding power: up to 72 hours, used to keep a voluntary patient in hospital while a full assessment is arranged.
- Section 136 — police power: up to 24 hours at a place of safety, extendable by a further 12 hours where a doctor certifies in writing that more time is needed.
Renewal is not automatic — and detention can end sooner
To renew a Section 3, the responsible clinician must examine you in the two months before the current authority expires, consult at least one other professional involved in your treatment, and report to the hospital managers that the criteria are still met. The managers then decide whether to accept the renewal — they have the power to discharge you instead. You must be told in writing about any renewal and about your right to appeal.
Detention can also end at any point in between. Your responsible clinician can discharge you at any time; the hospital managers can direct discharge and must consider it if you ask; your nearest relative can give the hospital managers 72 hours' written notice to discharge you, unless the responsible clinician issues a barring report; and a Mental Health Tribunal can order your discharge.
Ask ward staff to put you in touch with an Independent Mental Health Advocate — free, independent of the ward, and there to help you understand your section and use these rights. For advice from outside the hospital, call Rethink Mental Illness on 0808 801 0525 or Mind on 0300 123 3393.
Related guides
Mental Health Act 1983 Basics
The Mental Health Act 1983 (MHA 1983), as amended by the Mental Health Act 2007, is the legal framework in England and Wales that allows people with serious mental disorders to be assessed, detained in hospital, and treated without their consent in defined circumstances. Understanding its key provisions is essential for patients, carers, and advocates.
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Section 2: Admission for Assessment
Section 2 of the Mental Health Act 1983 allows a person to be admitted to hospital and detained for up to 28 days for assessment of their mental disorder (or assessment followed by treatment). It is used when clinicians need to assess the nature and degree of a person's disorder before deciding on a longer-term plan. It requires an application by an AMHP and two medical recommendations.
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Section 3: Admission for Treatment
Section 3 of the Mental Health Act 1983 allows a person with a mental disorder to be admitted to hospital and treated without their consent for an initial period of up to 6 months, renewable thereafter. It is used when the diagnosis and appropriate treatment are already established. Section 3 carries significant safeguards, including the nearest relative's power to block the application.
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Mental Health Tribunal Appeals
The First-tier Tribunal (Mental Health) — commonly called the Mental Health Tribunal — is the independent body that hears appeals from patients detained under the Mental Health Act 1983 in England. It has the power to discharge a patient from detention or a Community Treatment Order. Legal aid is automatically available for patients appealing to a Mental Health Tribunal.
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