Mental Health Act 1992

Question 1

What is a Restricted Patient?

Answer 1

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

Question 2

What is a Special Patient?

Answer 2

Patients detained by way of court order if found to be criminally insane or unfit to plead. Also includes people on remand for a psychiatric report.

Question 3

What are Duly Authorised Officers?

Answer 3

Qualified nurses specialised in the area of mental health

Question 4

What is the definition of a ‘mental disorder’?

Answer 4

An abnormal state of mind characterised by delusions or by disorders of mood, perception, volition, or cognition to such a degree that it:
- poses a serious danger to the health or safety of that person or others, or,
- seriously diminishes the ability of the person to take care of themselves

Question 5

Who can make applications for compulsory assessment?

Answer 5

Any person over 18 years. Normally made by a relative or doctor who does the examination.

It is not necessary or appropriate for the application to be made by Police.

Question 6

How long do you have to return AWOL restricted or special patients to the hospital?

Answer 6

They may be apprehended and returned to hospital at any time.

Question 7

How long do you have to return an AWOL compulsory treatment patient to hospital?

Answer 7

If apprehended within 3 months of going missing, otherwise they’re deemed to be released and a new application for assessment submitted.

Question 8

What is section 109?

Answer 8

Police power in a public place.
Any police may apprehend any person in a public place if their behaviour allows us reasonable belief that they may be mentally disordered AND we believe it’s in the best interest of the person or public to do so.

Question 9

After you detain someone under s109, where can you take them?

Answer 9

Police station, hospital, surgery, or other appropriate place.
DAO exam must be arranged ASAP.

Question 10

What is s41 Mental Health Act?

Answer 10

Police power to assist a DAO so that the DAO can assess a patient, or transport them for assessment or treatment.

Question 11

If you’re called upon to assist a DAO, what powers do you have? And what section is this assist under?

Answer 11

s41 Mental Health Act 1992.
You may:
- enter the premises by force if necessary, AND,
- detain the person in the premises until assessment done, OR,
- take the person elsewhere nominated by DAO and detain them there until the exam is complete

Question 12

Under s41 Mental Health Act 1992, how long may someone be detained?

Answer 12

No longer than 6 hours.

Question 13

What is s110 Mental Health Act 1992?

Answer 13

Authority of a doctor - the doctor can issue a certificate to accompany the assessment application to support that they’re in need of assessment.

Question 14

What is s110C MHA 1992?

Answer 14

Police powers of entry when urgent assistant is needed from medical practitioner

Question 15

When doing urgent entry to assist a medical practitioner, what powers do you have and what section is this?

Answer 15

110C MHA 1992. You may:
- enter premises by force AND
- detain the person there for assessment, OR,
- take them elsewhere and detain for assessment.

Question 16

If Police are called to a private address for someone who is 1M, what 4 options give you power of entry?

Answer 16

1. At the request of the occupier
2. If requested by DAO under s41
3. If requested by doctor for urgent examination, assessment, or sedative required under s110 and subsections of.
4. Consider s14 SASA

Question 17

What section allows use of force when carrying out certain powers of the MHA 1992?

Answer 17

122B

Question 18

Which powers of the mental health act allow you to use force under s122B?

Answer 18

• power to retake a person, proposed patient, or patient
• detain someone under s41, 109, 110
• power to enter premises in s41, 110

Question 19

Who is responsible for arranging transport of patients?

Answer 19

DAO