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Published online by Cambridge University Press: 03 June 2022
There is no minimum age for the detention of minors under the MHA. Whether to use the Children Act 1989 or the MHA depends on the purpose of the detention and, therefore, on the most appropriate place for the young person to be detained. If the primary reason for detention is because the young person is mentally disordered and needs medical treatment in hospital, then the MHA is appropriate. But if the main requirement is care and control because of disturbed behaviour, then secure accommodation under the Children Act may be the better choice.
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