Section 5(2) Holding Powers

Scenario: s.5(2) completed at 9pm and unsigned by s.12 doctor, doctor returns at 7am and signs it.

Surely this is an invalid section but where do i find legislation or case law for this?

Isn’t there a stipulation the paperwork must be placed in the hospital managers in-tray for it to take effect?

1 Like

It wasn’t completed at 21:00; it was completed at 07:00.


the isle of man are different so not for us

That surprises me because s5(2) of the IoM Act still makes reference that “a doctor may make a report in writing to the hospital managers” … “and that in such a case” the person may be detained.

the point was it was not signed by the detaining doctor