# Section 5(2) Holding Powers

**URL:** <https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428>\
**Category:** Mental Health Act\
**Created:** [8 May 2024 13:50 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428 "2024-05-08T13:50:23Z")\
**Posts on this page:** 6\
**Page:** 1

<div class="post-metadata">

**Author:** ![metoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/7feea3/32.png) [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\
**Post date:** [8 May 2024 13:50 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428/1 "2024-05-08T13:50:23Z")

</div>

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?

---

<div class="post-metadata">

**Author:** ![MentalHealthCop](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/6a8cbe/32.png) [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\
**Post date:** [8 May 2024 14:58 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428/2 "2024-05-08T14:58:02Z")

</div>

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

---

<div class="post-metadata">

**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [8 May 2024 15:05 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428/3 "2024-05-08T15:05:06Z")

</div>

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

---

<div class="post-metadata">

**Author:** ![metoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/7feea3/32.png) [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\
**Post date:** [9 May 2024 09:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428/4 "2024-05-09T09:01:50Z")

</div>

the isle of man are different so not for us

---

<div class="post-metadata">

**Author:** ![MentalHealthCop](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/6a8cbe/32.png) [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\
**Post date:** [9 May 2024 10:14 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428/5 "2024-05-09T10:14:27Z")

</div>

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.

---

<div class="post-metadata">

**Author:** ![metoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/7feea3/32.png) [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\
**Post date:** [20 May 2024 11:50 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428/6 "2024-05-20T11:50:15Z")

</div>

the point was it was not signed by the detaining doctor