The periods for which a person can be detained in hospital, or subject to Guardianship, under the various Sections of the Act, may simply run their course and then lapse.
Active steps have to be taken to instigate a new Section or renew the existing one.
However, Section 23 sets out who can end a Section before it has run its full course. This is not necessarily the same as discharge from hospital. It is possible for someone to be discharged from Section, but then to remain in hospital as a voluntary patient. Patients must, as a matter of course, be informed of their right to appeal to the MHAM where the Managers have an unrestricted power to discharge. The MHAM will convene a Managers' Hearing on appeal, and also when required to do so in accordance with the Act or the Code of Practice , for example following the issuing of a barring certificate .