Category:Civil sections and CTOs

This is the "Civil sections and CTOs" category. It contains the following pages:  

• Community Treatment Order
• Section 2: admission for assessment
• Section 3: admission for treatment
• Section 4: emergency admission for assessment
• Section 5: holding powers
• Section 7: guardianship

The civil sections are to be found in Part 2 of the 1983 Act.

The most common sections which you will come across in practice are ss2 and 3. The other civil detaining sections are ss4 and 5, and a further civil power is guardianship under s7. The relevant admission criteria and procedure, and routes for discharge, for each are described in the relevant pages.

The following should be noted at the outset:

• One application may be made to the Tribunal in each eligibility period. However, if an application is withdrawn it is treated as never having been made (s77(2)) so the patient can re-apply within the same eligibility period. For a table of all eligibility periods, see Eligibility periods.

• In certain circumstances references must or may be made to the Tribunal, including some times when there is no right of application: see Mandatory and discretionary references.

• There are other routes to discharge, for instance by the hospital managers. For a table setting out the routes to discharge for each section type, see Summary of routes to discharge.

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