Section 2 vs Section 3: A Practical Guide to the Mental Health Act

If you or someone you care about has been detained under the Mental Health Act 1983, you may have heard terms like “Section 2” or “Section 3.” These are the most commonly used sections of the Act, and while they sound similar, they have very different consequences.

At Arcright Legal, we support patients and families in navigating these complex laws. This guide breaks down the difference between Section 2 and Section 3 — in plain English — so you understand what they mean, how long they last, and what rights you have.

What is Section 2?

Section 2 is used for assessment.
Doctors may keep you in hospital for up to 28 days to assess your condition and decide what treatment you need.
During this time, you may also be given treatment, but the main purpose is assessment.
Section 2 cannot usually be renewed. If more time or treatment is needed, doctors may move you to Section 3.

Your rights under Section 2:

You can apply to the Mental Health Tribunal, but only within 14 days of being sectioned (this includes the first day).
Your nearest relative can request discharge, but only once every six months.
You cannot be placed on a Community Treatment Order (CTO) from Section 2 — it ends either with discharge, voluntary admission, or transfer to Section 3.

What is Section 3?

Section 3 is used for treatment.
You may be detained for up to 6 months at first.
It can then be renewed for another 6 months, and after that, for 12 months at a time.
Section 3 is about longer-term hospital treatment rather than short assessment.

Your rights under Section 3:

You can apply to the Mental Health Tribunal once during each period of detention (first 6 months, second 6 months, each year after that).
Your nearest relative has the power to request discharge (unless barred by your doctor).
You can be discharged onto a Community Treatment Order (CTO), which allows you to live in the community with certain conditions.

Key Differences Between Section 2 and Section 3

The easiest way to understand the difference is this:

Section 2 = Short-term assessment (up to 28 days).
Section 3 = Longer-term treatment (6 months or more).

Section 2 is often the first step, and if doctors believe you need further treatment, they may move you to Section 3.

Why Understanding the Difference Matters

Knowing whether you or a loved one is under Section 2 or Section 3 is important because it affects:

How long you can be detained
Whether you can appeal to the Tribunal
What powers your nearest relative has
Whether you might be discharged onto a CTO

Without this knowledge, it’s easy to miss important deadlines (like the 14-day Tribunal limit for Section 2).

How Arcright Legal can help

At Arcright Legal, our solicitors are Mental Health Panel accredited. We can:

Explain your section and your rights in clear terms.
Represent you at a Tribunal hearing.
Support your nearest relative in making a discharge application.
Advise on Community Treatment Orders and aftercare.

Final Thoughts

The difference between Section 2 and Section 3 of the Mental Health Act may seem technical, but for patients and families it has a huge impact. Section 2 is about assessment, while Section 3 is about treatment. Both come with rights and options — and with the right legal advice, you don’t have to face this process alone.

📞 Contact us today on 0207 112 8585 or email info@arcrightlegal.com to speak to a solicitor.