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Section 5(4)
Nurse's Holding Power
Civil SectionsWhat this section does
Allows a registered mental health nurse to hold an informal patient already being treated for mental disorder for up to 6 hours while a doctor arrives.
Who it applies to
Informal inpatients in hospital receiving treatment for mental disorder, needing emergency holding until a doctor can assess them.
Your rights
Right to information and an IMHA. Must be recorded by the nurse with reasons.
Time limits
Maximum 6 hours. Cannot be renewed. Only for emergency; doctor must attend within the window.
How to challenge it
Complaint or judicial review if used wrongly. Not tribunal reviewable.
Key cases
Guidance on proper use and documentation by nurses.
Last updated: 8/5/2026