Mental Health Act

Question 1

Mental disorder - definition

Answer 1

• an abnormal state of mind (whether of continuous or intermittent nature) characterised by delusions, or by disorders of mood, perception, volition or cognition of such a degree that it:
• poses a serious danger to health or safety of that person or others
• seriously diminishes the capacity of that person to take care of himself or herself

Question 2

Special patient

Answer 2

Patients who are detained by way of court order if they are found to be criminally insane or unfit to plea

Question 3

Restricted patient

Answer 3

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

Question 4

Restricted and special patients absconded

Answer 4

Patients of these categories who have absconded may be apprehended and returned to hospital at anytime

Question 5

S109 - mentally disordered person in public places

Answer 5

Any person found wandering at large in a public place

Acting in a manner that gives rise to be mentally disordered

A constable may (if in public interest)

Take the person to police station, hospital, surgery, appropriate place

To arrange examination by a medical practitioner

Question 6

109 - after apprehension

Answer 6

• take them to appropriate place as soon as practicable for assessment
• police station is last resort
  -intoxication should not prevent assessment
• no person should be detained more than 6 hours for the purpose of medical examination

Question 7

Section 41 -Power to assist DAO

Answer 7

Any members of police called upon in such circumstances may

ENTER premises by force if necessary

And DETAIN the person in those premises until assessment examination has been conducted

Or

TAKE the person to some other place nominated by DAO for the purpose of a medical examination/assessment and detain until examination conducted

Question 8

S110 - assisting a mental health practitioner

Answer 8

110 - doctor assessed, believes are mentally disordered can issue certificate to accompany

110A - doctor may administer sedative to patient if necessary

Question 9

S110C -poses of entry when urgent assistance is needed

Answer 9

Any members of police called upon in such circumstances may

ENTER premises by force if necessary

And DETAIN the person in those premises until assessment examination has been conducted

Or

TAKE the person to some other place nominated by the mental health practitioner for the purpose of a medical examination/assessment and detain at location until examination has been conducted