CM07 Policing Mental Health

Question 1

Defintion of ‘mental disorder’

Answer 1

An abnormal state of mind that may pose a serious danger to the health and safety and themselves or others, or a seriously diminished capacity to look after themselves.

Question 2

What is a ‘special patient’?

Answer 2

people who have been detained in hospital by the court because they are unfit to stand trial or have been declared criminally insane.

or have been detained for assessment pending trial.

Question 3

What is a ‘restricted patient’?

Answer 3

a person declared by the courts to be under a Compulsory Treatment Order.

Inpatient: on a ward, danger to themselves or others

Outpatient: living in the community under the care of a mental health team.

Question 4

What is sec 109 Mental health Act 1992

Answer 4

Mentally Disordered People in Public Places;

Any members of police may apprehend

Any person wondering 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 and the public to do so

Question 5

What is sec 41 of the Mental health Act 1992?

Answer 5

Assisting a Duly Authorised Officer

Any member of police called upon in such circumstances may

Enter the premises by force if necessary
AND
Detain the person in those premises until the assessment examination has been conducted
OR
Take the person to some other place nominated by the DAO for the purposes of a medical examination or assessment examination, and detain at the location until the examination has been conducted

Question 6

What is Sec 110C of MH Act 1992?

Answer 6

Assisting a Medical Practitioner

Any member of police called upon in such circumstances may

Enter the premises by force if necessary
AND
Detain the person in those premises until the assessment examination has been conducted
OR
Take the person to some other place nominated by the medical practitioner for the purposes of a medical examination or assessment examination, and detain at the location until the examination has been conducted

Question 7

when can you enter a private dwelling?

Answer 7

You may enter only:
at the request of the occupier
if requested by a DAO under section 41
if requested to assist a doctor under sec 110

Question 8

What is sec 122B of the MH Act 1992?

Answer 8

Use of Force

If you are exercising powers in an emergency you may use reasonable force in the circumstances for:

the powers to take, retake a person or proposed patient/patient

a power to detail a person, proposed patient/patient under sections 41, 110, 109
a power to enter premises under sections 41 and 110

under sections 41 or 110 or 109