Mental Health Act 2016
sec.45Detention for assessment
Start here
Get a plain-English read of sec.45
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.45 Detention for assessment
If a person subject to a recommendation for assessment is to be assessed in an authorised mental health service or public sector health service facility, the person may be detained for assessment in the service or facility for a period of not more than 24 hours starting— if the person is at the service or facility when the recommendation for assessment is made—when the recommendation is made; or otherwise—when the person first attends at the service or facility for the assessment. The authorised doctor making the assessment of the person may extend, or further extend, the period under subsection (1) before it ends to a period of not more than 72 hours after it starts if the authorised doctor considers the extension is necessary to carry out or finish the assessment. If, at any time during the period mentioned in subsection (1) , or extended under subsection (2) , the authorised doctor making the assessment makes a decision on the assessment, the period for which the person may be detained for assessment ends. The period under this section for which the person may be detained for assessment is the assessment period for the person. s 45 amd 2017 No. 3 s 4 (sec.45-ssec.1) If a person subject to a recommendation for assessment is to be assessed in an authorised mental health service or public sector health service facility, the person may be detained for assessment in the service or facility for a period of not more than 24 hours starting— if the person is at the service or facility when the recommendation for assessment is made—when the recommendation is made; or otherwise—when the person first attends at the service or facility for the assessment. (sec.45-ssec.2) The authorised doctor making the assessment of the person may extend, or further extend, the period under subsection (1) before it ends to a period of not more than 72 hours after it starts if the authorised doctor considers the extension is necessary to carry out or finish the assessment. (sec.45-ssec.3) If, at any time during the period mentioned in subsection (1) , or extended under subsection (2) , the authorised doctor making the assessment makes a decision on the assessment, the period for which the person may be detained for assessment ends. (sec.45-ssec.4) The period under this section for which the person may be detained for assessment is the assessment period for the person.
- (a) if the person is at the service or facility when the recommendation for assessment is made—when the recommendation is made; or
- (b) otherwise—when the person first attends at the service or facility for the assessment.