Mental Health Flashcards
Section 136 of the Mental Health Act summary
Aims to get someone medical help if they are experiencing mental health difficulties.
It gives the police the power to remove a mentally disordered person without a warrant so they can be examined by a medical practitioner.
Before using s136 of the MHA, what MUST a police officer first do?
Consult a medical professional. A medical professional can be:
A registered medical practitioner.
A registered nurse.
An approved mental health professional.
A person of a description specified in regulations made by the secretary of state.
Search under s136 MHA
Police officers have the power to search the individual whilst detained if they are reasonable grounds to believe they present a danger to themselves or someone else, and are concealing on their person an item which could be to cause physical injury to them or others. Search powers extend only as far as reasonably required to find the item, and allows search of the mouth but not removal of clothing other than JOG.
How long can a person be detained under s136 MHA?
The person can be detained for 24 hours to be assessed and to make arrangements for care (by a medical practitioner and an approved mental health professional).
Where can a person be detained under s136 MHA?
A person can be removed from ‘any place’, but not from a house / flat or room where that person or anyone else is living.
What must a person detained under Section 136 be in immediate need of?
Care and control
Section 135 (1) MHA
Section 135 (1) of the Mental Health Act is a power that you may be asked to assist with. This Section deals with entry to a premises for the purpose, if necessary, of removing a person to a place of safety. This would be for assessment and application for compulsory admission to hospital.
This includes entry and search of people’s homes for the individual.
This Section defines that a warrant must be gained from magistrates’ court, and generally will be applied for by an approved mental health professional.
It must be executed by a police officer who must be accompanied by an approved mental health practitioner and registered medical practitioner who will make an assessment of the patient to decide if they should be removed to a place of safety.
The warrant gives the police officer the power to search the individual in certain circumstances.
Search under s135 MHA
Section 135 provides the power to search the individual from the time of entry to the end of detention, or any time by being removed (if there are reasonable grounds to believe the person presents a danger to themselves or others, and is concealing on their person an item which could be used to cause physical injury to themselves or others).
Where can s135 MHA be carried out?
The question of ‘where’ relates to the premises specified in the warrant (this can include someone’s home).
A
Whilst detained under s.135 the person can be searched if the Constable has Reasonable grounds to believe they present a danger to themselves or others and is concealing on their person an item which could be used to cause physical injury to themselves or others
The Mental Capacity Act 2005
The Mental Capacity Act 2005 (MCA) is designed to provide a legal basis for providing care and treatment for people aged 16 and over who lack the mental capacity to give their consent.
This Act and the powers that it provides are not solely for police - paramedics have this power too. Neither can overrule the other, though their advice can be sought and considered.
What factors may contribute to someone not having the capacity to look after themselves (under MCA)?
Everyone is presumed to have capacity, unless there is evidence that they cannot make a decision because of an impairment or disturbance in the functioning of their mind or brain because of:
Significant learning disabilities.
Mental illness.
Dementia.
Brain damage.
Physical or mental conditions that cause confusion, drowsiness or loss of consciousness.
Delirium.
Concussion following a head injury.
The symptoms of alcohol or drug use.
A person is only unable to make a decision when they cannot do what (MCA)?
Understand information relevant to the decision to be made.
Retain that information in their mind.
Use or weigh that information as part of the decision making process.
Communicate their decision.
ID CURE
A person is suffering from either an Impairment or Disturbance of the mind or brain.
They cannot Communicate, Understand, Retain or Evaluate information relevant to a particular decision.
