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Section 5(2)
Holding Power (Informal Patients)
Civil SectionsWhat this section does
A short holding power to stop a voluntary (informal) inpatient from leaving hospital, while a fuller assessment or section application is arranged.
Who it applies to
Informal inpatients who are already in hospital and need to be stopped from leaving for their own health/safety or others' protection.
Your rights
Right to information and an IMHA. Report must be made by the doctor in charge quickly.
Time limits
Maximum 72 hours. Cannot be renewed. If longer detention needed, Section 2 or 3 must be applied within this period.
How to challenge it
Ask the hospital managers to discharge you. Holds are not tribunal reviewable but you can challenge via habeas corpus / judicial review.
Key cases
Case law on reasonableness of the doctor's report; R (A) on use of holding powers.
Last updated: 8/5/2026