Chapter 3.2: Mental Health

Question 1

What three things can you assist a DAO in under S.41 Mental Health Act and what can you do under this power?

Answer 1

1. Help DAO to enable medical practitioner examine person.
2. Help DAO take person to ensure they are examined where they are unwilling to go.
3. Help DAO to take all reasonable steps to take/return patients to assess/treatment if refusing to attend/AWOL

May enter premises, produce evidence of ID if not in uniform. detain for up to 6 hours or whenever exam completed, whichever is shorter.

(For 3) OR take the patient back to hospital.

Question 2

What is the preferred action in terms of a person being asssessed (in terms of location?)

Answer 2

Have Dr assess in person’s home.

Only where this isn’t an option should the DAO take to another place.

Question 3

Under S.41(7) of the Mental Health Act you must not exercise your powers to enter without warrant unless it would be…?

Answer 3

Reasonably practicable to obtain one.

Question 4

Who can apply for a warrant?

It has been agreed between Police and the Ministry of Health that what…?

Answer 4

Constable or Director of Area MH Services.

A warrant may be completed by either the Police Constable or DAO. Police Constable must sign and swear it.

Question 5

What does S.30 CA protect you from?

Answer 5

Criiminal responsibility if you arrest the wrong person in good faith and on reasonable and probable grounds believed the person to the one named in the warrant.

Question 6

What does S.31 CA confer?

Answer 6

All statutory powers of arrest without warrant on all constables.

Question 7

What does S.34 CA confer?

Answer 7

The power to assist a constable in an arrest on anyone asked to do so.

Question 8

What must you remember in the use of force under S.122B (1) & (2) MH Act 1992?

Answer 8

• You can use reasonable force necessary in the circumstances when acting in an emergency while assisting a DAO
• Use TENR
• Complete TOR for more than minimal/inconsequential force
• If acting without statutory authority you have no protection from civil or criminal liability even if acted in good faith.

Question 9

Your powers ti enter premises and detain a person can only be used to do what?

You should carefully check what of a DAO?

Answer 9

Assist a DAO. Make sure what they are asking doesn’t go beyond your powers or abilities.

Should check their credentials and their copies of their relevant assessment certificates or compulsory treatment orders.

Question 10

If a person is being transported to attend assessment and treatment under S 9, 11 or 13 of MH Act do not move or use force unless what?

Answer 10

A health professional has issued a notice under the relevant section and it has been explained to the patient.

Question 11

In all situations, use force only if…?

Answer 11

• Justified AND
• DAO directs it AND
• Prevent harm/damage to self/others/ppty AND
• Necessary and proportionate

You must know what section you are acting under.

Question 12

To prevent indemnity against civil claims, do not use force unless what?

Answer 12

• District has obtained a general indemnity from MH service against civil claims or
• DAO has accepted responsibility for damage and asked you to continue.

Question 13

If you are asked to take a person to a police station are you obliged to do so under S.41?

Answer 13

No, can only take to hospital or treatment facility (unless they commit offence/arrested).

Question 14

Do not detain people for longer than…?

Answer 14

Six hours

Question 15

If you detain a person you must comply with what?

Answer 15

BORA 1990

Question 16

If the person who requested your assistance is not at the scene, do not to do what?

Answer 16

Their job. If matter non-urgent decline to take further action.

Question 17

What other powers (than S.41) may be appropriate to use where circumstances exist?

Answer 17

S.41 - prevent suicide or other offences likely to cause serious injury or damage to ppty

S.7 - arrest person unlawfully at large, ie: AWOL

S.8 - enter to search for/arrest person who has committed offence p.b.i and may leave to avoid K9/CADD’ing evidence

S.14 - enter place/vehicle where risk to life/safety requiring emergency response and RGS entry will stop/prevent offence that might injure or cause damage to/serious loss of ppty

S.18 - enter RGS person in possession of firearms but by reason of mental condition is incapable of having proper control of them

IF NONE APPLY AND YOU MUST TAKE ACTION, CALL A MD OR DAO

Question 18

You should only use S.109 MA Act if what?

Answer 18

You think it would be desirable in the interests of the person or public to do so.

Question 19

Public place includes what?

Answer 19

Aircraft, hovercraft, ship, ferry, other vessel, train or vehicle in a public place

Question 20

What steps should you follow if you locate a person and reasonably believe they may be mentally disordered?

Answer 20

• QP
• Call DAO if they have mental history
• Ask DAO to make inquiries, arrange return if leave revoked OR
• Detain under S.109 and take to station, hospital, surgery etc to arrange for Dr exam ASAP IF you think it’s in interests of person and public

Question 21

Do you have to assess whether a person is mentally disordered before detaining?

Answer 21

No. Sufficient that behaviour gives rise to reasonable belief they may be mentally disordered.

Question 22

What must you do if detaining under S.109?

Answer 22

• Give person their rights
• Contact DAO to arrange Dr
• Can’t detain longer than 6 hours

Question 23

If the Medical Practitioner considers that there are reasonable grounds for believing person may have a mental disorder and it is desriable to have medical exam urgently for theirs or others’ interests they must do what?

If not, the person must be what?

Answer 23

Issue a medical certificate and make application for preliminary assessment.

Released, prefeably into family/friend’s care.

Question 24

If the assessment is urgent you can do what?

Answer 24

Continue to detain until exam completed

Take to another place for purpose of examination and detain there.

No longer than 6 hours

Question 25

Do police have a power under the MA Act to enter private ppty or detain a person with a mental disorder on private ppty?

Answer 25

No, unless they are asked by DAO or Medical Practitioner.

Have an implied licence to enter and remain if allowed/requested by lawful occiupier. But in absence of lawful justification to remain, must leave if requested.