3.2 Mental Health Act 1992 Flashcards
Section 109 – Police may apprehend person appearing to be mentally disordered in public place
If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so, –
(a) Take that person to a Police station, hospital, or surgery, or to some other appropriate place; and
(b) Arrange for a medical practitioner to examine the person at that place as soon as practicable.
Roles and Responsibilities for providing services
The responsibility for providing services rests primarily with mental health services but Police provide assistance where legislation provides for Police intervention.
Memorandum of Understanding between the Police and Ministry of Health covers:
Responsibilities, transportation of patients and use of force
and it states that the DAO is the official in charge at any incident
Assessment and Treatment - Police procedure at incident
Police provide assistance only when required as statutorily provided in the act.
What is the role of a DAO?
A DAO is required to investigate and decide whether or not the person needs to have a medical examination and whether this is required urgently.
Section 41 - Assisting a DAO
A duly authorised officer who is intending or attempting to do anything specified in section 38(4)(b) or (d) or section 40(2) may call to his or her assistance a constable.
A constable called to the assistance of a duly authorised officer for the purposes described in section 38(4)(b) or (d) or section 40(2)—
(a) May enter the premises where the person or proposed patient or patient is; and
(b) Must, if that member is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is constable.
(3) A constable who enters premises under subsection (2) may, for the purposes of section 38(4)(b), detain the person where he or she is for the shorter of—
(a) 6 hours; and
(b) The time it takes to conduct the medical examination.
(4) A constable who enters premises under subsection (2) may, for the purposes of section 38(4)(d),—
(a) Take the person to the place at which he or she is to have a medical examination; and
(b) Detain the person at the place for the shorter of—
(i) 6 hours; and
(ii) The time it takes to conduct the medical examination.
Section 110 - Assisting a medical practitioner
110 (4) - assist medical practitioner when called upon so an urgent examination can be completed.
110 A (5) - if the medical practitioner issues a certificate that a person needs to be sedated due to significant danger to himself or others, you can help the doctor administer the drug (restrain the person).
110 B (4) - when a person is undergoing an assessment, you can help the doctor who is carrying out the assessment.
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.
Powers when assisting a DAO/ Medical Practitioner
Each power allows police to enter the premises where the person is and use reasonable force as required.
note: you can only use force in emergency situations when assisting a medical practitioner.
You must produce identification if you are not in uniform.
Bill of rights to be given.
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?
Police have an implied license to enter private property. If asked to leave and there is no lawful justification to stay, you must leave.
Sec 41 Crimes Act allows you to use such force to prevent suicide or the commission of an offence that would likely cause serious injury to any person or serious damage to property.
Sec 7 (SS 2012) - Enter and search and arrest a person who is unlawfully at large
Sec 8 (SS 2012) - Enter and search and arrest person to prevent person from avoiding arrest or CADD’ing evidence
Sec 14 (SS 2012) - Enter private premise if you suspect on reasonable grounds that an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
OR
there is risk to the life or safety of any person that requires an emergency response.
What is a mental disorder?
‘Mental disorder’ is defined in the Mental Health (CAT) Act 1992 to mean a person is in an abnormal state of mind (continuous or intermittent) who may be delusional, or their mood or perception may be such that it poses a serious danger to the health and safety of that person or others, or seriously diminishes the capacity of such persons to look after themselves.
Key words in the above definition are:
(i) “…poses a serious danger…”, and
(ii) “…seriously diminished capacity…to look after themselves.”
‘Mental disorder’ does not include
- political, religious or cultural beliefs
- sexual preferences
- criminal or delinquent behaviour
- substance abuse
- intellectual disability.
Arrest provisions apply
Sections 30, 31 and 34 of Crimes Act 1961 apply to your power to take and detain as if it were a power of arrest, with any necessary modifications. Specifically:
- Section 30 of the Crimes Act protects you from criminal responsibility if you arrest the wrong person in good faith and on reasonable and probable grounds believed the person to be the one named in the warrant.
- Section 31 confers all statutory powers of arrest without warrant on all constables.
- Section 34 confers the power to assist a constable in an arrest on anyone asked to do so.
