Section 2 or Section 3?

Section 2 and Section 3 are the sections of the Mental Health Act that are most commonly used when compulsory detention in hospital is being considered.

Section 2 lasts for 28 days, and its main purpose is to assess a patient in hospital (although it does also permit treatment). Section 3 lasts for a maximum of 6 months, and is for the purpose of providing treatment in hospital. (The recent Mental Health Act review is, however, recommending that this duration should be reduced to 3 months.)

Statistics show a year on year increase in the use of compulsory detention. In the year 2019-20 there were a total of 27,968 admissions under S.2, and 4,043 detentions under S.3.

Here are some examples of situations in which the choice between which section to use becomes somewhat complicated.

[incognito-jhdf]

I've been detainted under section 2 for such stupid reasons and is making me far far worse.

[jonhyslop]

Interesting and informative video. Thanks for posting!

[lillyd]

Just found your channel, great content

[jeb-zfun]

Here's a thing for a s3 recommendation to be lawful the doctor must adequately state his/her reasons for recommending s3 including why treatment cannot be provided unless they are detained under s3. In most cases treatment can be given and detention ended within the 28 days allowed under s2. If previous admissions have extended beyond 28 days that might form part of a cogent argument for s3. Obviously s2 cannot be used consecutively after a s2.
As amhp application is founded on medical recommendations the AMHP must be confident that reasons given for s3 are adequately described. And that's also a good reason not to use joint recommendations. I'm such a pedant haha