3.2 Mental Health Act 1992 Flashcards
What are the key points to the definition of a mental disorder (4)?
1) Abnormal state of mind
2) Disorder of mood or perception
3) “Poses a serious danger” to safety
4) “Seriously diminished capacity…to look after themselves.”
Generally speaking, what are the roles and responsibilities of mental health and police?
The responsibility for providing services rests primarily with mental health services but Police provide assistance where legislation provides for Police intervention.
According to the MOU with the Ministry of Health, who is the official in charge at any incident that requires the Mental Health (CAT) Act 1992 to be invoked?
The duly authorised officer. They should request Police assistance only when the particular powers and specific expertise of Police are required.
When do police provide assistance in relation to assessment and treatment of mental health issues?
Police provide assistance only when required as statutorily provided in the Mental Health (CAT) Act 1992.
What should you do when you believe a person may be suffering from a mental disorder? What will subsequently happen?
Request the assistance of a DAO.
They will investigate the matter to determine whether they are mentally disordered and may need a medical examination.
How long can you detain a person for when using the mental health powers?
For up to 6 hours or the time it takes to complete the examination, whichever is shorter.
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What authority do Police have under the mental health act to enter private property?
Unless assisting a DAO or medical practitioner, Police have no power under the mental health act to enter private property or to detain a person on private property.
What are the other options when dealing with mentally affected on private property (5)?
1) Section 41 Crimes Act 1961
2) Section 7 Search and Surveillance Act 2012
3) Section 8 Search and Surveillance Act 2012
4) Section 14 Search and Surveillance Act 2012
5) Section 18 Search and Surveillance Act 2012
What will a DAO do when they determine that a person needs a medical examination?
If non-urgent, they will arrange for a medical practitioner to examine the person.
If urgent, try get the medical practitioner to come to the person and use police assistance if necessary.
When assisting a DAO under section 41 of the Mental Health Act, what powers (2) and obligation do police have in regard to premises?
1) They may enter the premises where the person or proposed patient or patient is.
2) Take the person to the place at which he or she is to have a medical examination.
AND
If not in uniform, produce to the occupier evidence they are a constable.
How long may police detain a person under section 41 of the Mental Health Act 1992?
The shorter of either 6 hours OR the time it take to conduct the medical examination.
What are the fundamental criteria for exercising powers under section 109 of the Mental Health Act 1992 (3)?
What are the powers conferred (2)?
1) Public place
2) Acting in a manner leading to a belief they may be mentally disordered
3) Constable thinks it is in the person’s/public’s interest to do the following:
1) Take that person somewhere (station, hospital)
2) Arrange for a medical practitioner to examine the person at that place as soon as practicable
How long can police detain a person under section 109 of the Mental Health Act 1992?
The shorter of the following two:
6 hours OR the time it takes to carry out the assessment described in section 109.
How is the Prevention First strategy applied to mental health?
We ensure that incidents involving a person with a mental impairment are resolved through the Mental Health (Compulsory Assessment and Treatment) Act 1992 where appropriate so that health assistance is provided to the people who need it.
