Mental Health Flashcards
Sec 136 Mental Health Act
Allows police to remove a person to a place of safety for a mental health assessment
Keep them at the safe place
Cannot remove them from a dwelling unless in a communal area
Rules of detaining under sec 136 MHA
Detain anyone of any age for up to 24 house
Requirement to consult with AMAP/doctor
Power of search including mouth
Transport
Sec 135 (1) mental health act
Power of entry to private premises for the purpose of safely removing them to a place of safety for a MH assessment
Must have a warrant
Sec 18 Mental Health Act (AWOL)
Patients considered AWOL is they have failed to return/left hospital where they have been detained or failed to comply with a sec 17 prescription
Community patients who have failed to attend hospital when recalled
Can return them to the hospital or where they left from
No power of entry but can use sec 17 PACE
Sec 135 (2) Mental health act
Power of entry to private premise for purpose of removing a patient who is likely to be taken or returned to hospital
Need a warrant from magistrates
Can transport them
Sec 2 Mental Health Act
Detained up to 28 days
Sec 3 mental heath act
Detained and treatment up to 6 months can be renewed for 6 months then annually
What is a community treatment order
Mental health related
Discharged but receive community treatment
Sec 37 mental health act
Court imposed hospital order usually after a conviction
Mental capacity act (2005)
Power to act in best interest of someone who is lacking capacity
Can be used in a dwelling
16 years and over
To establish capacity
Impairment of mind or brain
Disturbance of the mind
Can the person:
Communicate their decision
Understand, retain, evaluate the information
