CM07 Policing Mental Health

Question 1

Section 4, Mental Health (Compulsory Assessment and Treatment) Act 1992

Answer 1

No compulsory assessment or treatment shall be ordered in respect of any person by reason only of:

• that person’s political, religious or cultural belief
• that person’s sexual preferences
• that person’s criminal or delinquent behaviour
• substance abuse
• intellectual disability

Question 2

What are ‘restricted patients’?

Answer 2

Patients who are subject to compulsory treatment but are considered to present a danger to the public.

Question 3

What is a DAO?

Answer 3

Duly Authorised Officer

Being a qualified nurse who has specialised in the area of mental health.

Question 4

In-patient vs out-patient

Answer 4

In-patient - stays in psychiatric unit for treatment

Out-patient - lives at home and attends psychiatric unit for treatment

Question 5

What are ‘special patients’?

Answer 5

Patients who are detained by way of a court order if they are found to be criminally insane or unfit to plead (also includes people on remand for psychiatric report).

Question 6

Section 109, Mental Health (Compulsory Assessment and Treatment) Act 1992

Answer 6

Any members of police may apprehend:

Any person wandering at large in a public place

AND

Behaving in a manner that gives rise to a reasonable belief that he / she may be mentally disordered

AND

The member believes it is the interest of the person or public to do so

Question 7

Where must you take someone and what must you organise after an apprehension under s109?

Answer 7

Police station, hospital, surgery or other appropriate place with a DAO examination arranged as soon as possible.

Question 8

Section 41, Mental Health (Compulsory Assessment and Treatment) Act 1992

Answer 8

Any member of police called upon in such circumstances may (If not in uniform produce ID)

Enter the premises by force if necessary

Detain the person in those premises until the assessment examination has been conducted

Take the person to some other place nominated by the DAO for the purposes of a medical examination or an assessment examination, and detain at the location until the examination has been conducted.

Question 9

What is the time limit for detention for a medical examination or assessment examination?

Answer 9

6 hours

Question 10

Section 110, 110A, 110C, Mental Health (Compulsory Assessment and Treatment) Act 1992

Answer 10

s110 - Doctor

s110A - Doctor can administer sedatives

s110C - Police can enter (by force if necessary) and detain the person in those premises until the examination has been conducted OR take the person to another place to have the examination and detain them until it is done.

Question 11

How long can pass after an absconded patient who has been AWOL can return for treatment?

Answer 11

3 months as long as they’re not a restricted or special patient

Question 12

When can you enter a private premises for a purpose under the Mental Health Act?

Answer 12

• At the request of the occupier
• If requested by a DAO under section 41
• If requested by a doctor (urgent examination, sedative drug or urgent assessment required under s110, s110A, s110B)
• or otherwise use s14 SASA if you believe that a person or property may be injured or damaged (or there is a risk to life or safety of any person)

Question 13

What powers can you use to search a mental health patient who has been detained?

Answer 13

s85 would give you power but must remember to RAN them and give them their Bill of Rights.