Qualified right that can be relevant to restrictions on patient correspondence or communication.

Relevant to capacity to marry, which is excluded from Mental Capacity Act jurisdiction but engages Article 12 considerations.

Not a free-standing right — must be read together with another Convention right. Prohibits discrimination in the enjoyment of Convention rights.

Imposes negative and positive duties to protect life, including an operational duty to protect individuals from a real and immediate risk to life — relevant to psychiatric hospitals' duty to prevent patient suicide.

Absolute right — no derogation permitted. Relevant to conditions of detention, use of restraint, seclusion, and forced treatment.

The most significant article for mental health detention law. Article 5(1)(e) permits the lawful detention of persons of unsound mind — the legal basis for detention under the MHA and DoLS.

Right to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Applies to Mental Health Tribunal and Court of Protection proceedings.

A qualified right — interference must be lawful, necessary in a democratic society, and proportionate. Covers autonomy, medical treatment, family contact, and home life.

Qualified right relevant to religious and cultural considerations in treatment and care decisions.

Defines 'Convention rights' as those in Schedule 1 to the Act — Articles 2-12 and 14 ECHR, Articles 1-3 of the First Protocol, and Articles 1-2 of the Thirteenth Protocol.

Places a duty on the NHS and local authorities to provide free after-care services to patients detained under Sections 3, 37, 45A, 47 or 48 once they leave hospital.

Gives qualifying patients (detained, CTO or guardianship) a statutory right to help from an Independent Mental Health Advocate to understand and exercise their rights.

Requires hospital managers to take steps to ensure detained patients understand, both orally and in writing, the legal provisions under which they are detained and their rights, including the right to apply to a tribunal.

Allows a magistrate to issue a warrant permitting a police officer, accompanied by an AMHP and a doctor, to enter premises and remove a person to a place of safety.

A police power to remove a person who appears to be suffering from a mental disorder and in immediate need of care or control from a public place to a place of safety, for up to 24 hours (extendable to 36).

Allows a Section 3 patient to be discharged into the community subject to conditions and a power of recall to hospital.

Detention for assessment (or assessment followed by treatment) for up to 28 days, not renewable. Requires application by an AMHP or nearest relative, supported by two medical recommendations.

UK courts must take into account judgments and decisions of the European Court of Human Rights when determining a question involving Convention rights.

So far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way which is compatible with Convention rights.

Detention for treatment for up to 6 months, renewable for a further 6 months then yearly. Requires appropriate medical treatment to be available.

Allows a criminal court to remand an accused person to hospital for a report on their mental condition, instead of remanding them to prison.

Allows the Crown Court to remand an accused person to hospital for treatment for a mental disorder while awaiting trial or sentence.

A court may order hospital admission instead of a prison sentence for a convicted offender. Has the same detaining effect as Section 3, but the nearest relative cannot discharge the patient.

Allows a court to make a temporary hospital order to assess whether a full hospital order under Section 37 is appropriate.

Emergency detention for up to 72 hours based on one medical recommendation, used where waiting for a second doctor would cause undesirable delay.

If a court cannot interpret legislation compatibly with Convention rights, it may make a declaration of incompatibility. This does not invalidate the legislation.

Imposed by the Crown Court alongside a Section 37 hospital order. The patient cannot be discharged, given leave, or transferred without the consent of the Secretary of State for Justice.

Gives the Secretary of State for Justice powers over restricted patients, including discharge, and (as amended by the 2025 Act) the power to impose conditions amounting to a deprivation of liberty on conditional discharge.

A 'hybrid order' allowing the Crown Court to direct hospital admission for treatment alongside a prison sentence, with the offender returned to prison if treatment concludes before the sentence ends.

Allows the Secretary of State to transfer a sentenced prisoner to hospital for treatment of a mental disorder.

Allows transfer to hospital of unsentenced prisoners, including those remanded in custody or held under immigration powers, who require urgent treatment.

A restriction direction added to a Section 47 or 48 transfer, having similar effect to a Section 41 restriction order while the person remains liable to be detained in prison.

Allows the doctor in charge of an informal inpatient's treatment (or their nominated deputy) to detain that patient for up to 72 hours.

Allows a prescribed nurse to detain an informal inpatient for up to 6 hours pending a doctor's attendance.

After an initial period of medication without consent, a detained patient's continued medication requires either their consent or a second-opinion doctor's (SOAD) certificate.

It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

Gives detained and CTO patients the right to apply to a tribunal to have their detention or CTO reviewed and, if appropriate, ended.

A person who claims a public authority has acted unlawfully under Section 6 may bring proceedings, or rely on Convention rights in legal proceedings, but only if they are a victim of the act.

Places a patient aged 16+ under the guardianship of a local authority or approved person, who can require the patient to reside at a specified place and attend for treatment.

Gives a tribunal power to absolutely or conditionally discharge a restricted patient where the statutory criteria for detention are no longer met.

Courts may grant such remedy as is just and appropriate, including damages, where a public authority has acted unlawfully.