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Mental Health Commission
Guidance relating to the implementation of Section 24 Mental Health Act 2001,
Following a High Court decision in relation to a Habeas Corpus application on the 21 st December 2006 please note that Section 24 shall not be invoked unless Section 23 has been invoked. (See relevant sections of the Mental Health Act 2001 below. Please note bold font used for emphasis purposes.)
23.—(1) Where a person (other than a child) who is being treated in an approved centre as a voluntary patient indicates at any time that he or she wishes to leave the approved centre, then, if a consultant psychiatrist, registered medical practitioner or registered nurse on the staff of the approved centre is of opinion that the person is suffering from a mental disorder, he or she may detain the person for a period not exceeding 24 hours or such shorter period as may be prescribed, beginning at the time aforesaid.
24.—(1) Where a person (other than a child) is detained pursuant to section 23, the consultant psychiatrist responsible for the care and treatment of the person prior to his or her detention shall either discharge the person or arrange for him or her to be examined by another consultant psychiatrist who is not a spouse or relative of the person.
Mental Health Commission Statutory Form 13- Certificate & Admission Order to Detain a Voluntary Patient (Adult) applies to Sections 23(1) and (24)
Please note further information regarding the ruling of the High Court will be made available as soon as possible.