Chapter 3 - Mental Health Flashcards
What powers does the Police Officer have under s109 of the Mental Health Act?
If a person is found wandering at large in any public place and acting in manner that RGB they appear mentally disordered and in the interest of the public a constable may:
Take/apprehend that person to a Police station, hospital or surgery or appropriate place.
What responsibilities does the Police officer have for a 1M under s109 – i.e. what help should they get for the person?
Arrange for a medical practitioner to examine that person asap.
Detain the patient at that place until the assessment examination has be conducted
Under s109 if a person is detained what is the maximum number of hours that they may be held for?
No more than 6 hours or the time It takes to conduct the assessment examination.
Under s110 the Police officer may assist the medical practitioner to assess a mentally disordered person. What is the first thing that needs to happen before the Police officer can act?
If not in uniform, produce ID
Describe what a Police officer may and may not do to assist a medical practitioner under s110
At the medical practitioners request detain the person or take the person to a place nominated by the practitioner and detain the patient there. Use force to gain entry to premises if requested by doctor. Cannot use force if not requested.
What is the maximum amount of time a 1M may be detained by Police under s110?
No more than 6 hours or the time It takes to conduct the assessment examination or administer a sedative drug.
Describe what your powers are as a Police constable after the medical practitioner has requested Police assistance.
May enter the premises where the person is.
Must produce ID if not in uniform.
Detain the person where he or she is.
Take the person to a place nominated by the doctor for assessment.
Describe what you can do as a constable to assist the medical practitioner.
If the doctor believes the person is a danger to themselves and needs to be sedated you can help the doctor administer the drug by restraining the person.
Under s122 What conditions are required for you to use force? Note the caution.
If you are acting in an emergency you can use such force as reasonably necessary to:
Take or retake a person or purposed patient or patient.
Detain a person or purposed patient or patient.
Enter a premises.
CAUTION: if you act without statutory authority, you have no protection from civil or criminal liability even if you acted in good faith.
Describe the 3 steps that are recommended if you pick up a 1M person?
- Verify the urgency with medical practitioner (can’t use force unless emergency).
- If necessary and when authorised use force to detain the person or take them to place for assessment.
- Advise person of the rights where they are detained.
- Ensure that you do not detain the person longer than 6 hours.
- If you use more then trifling force, complete a TOR, send copy to Director of mental health.
Unless asked to assist a DAO or medical practitioner the Police have no powers to enter private property under MH Act 1992.
Describe what powers of entry under the Search and Surveillance Act a Police officer has to enter private property
Sec 7 – Search and arrest a person you suspect is unlawfully at large (subject to an inpatient order and absent without leave).
Sec 8 – Enter premises to locate and arrest without warrant a person you believe has committed and imprisonable offence and believe will try leave to avoid arrested and or CADD evidence.
Sec 14 – Suspect there is risk to life or safety that requires emergency response.
Sec 18 – RGS person is in possession of firearms by mental condition is incapable of proper control of them.
What power does s41 of the Crimes Act give a Police officer to act?
Use such force as reasonably necessary to prevent suicide or commission of any offence that would likely cause immediate or serious injury to anyone.
