Mental Health Act 1992

Question 1

Section 109 Mental Health Act 1992

Answer 1

Police powers in public places:

Police may apprehend a person who is posing a danger to themselves and is incapable of looking after themselves. Wandering at large in a public place and behaving in a way that gives a reasonable belief that he/she may be mentally disordered and it is in the interest of the person or public to apprehend

Question 2

Special Patients

Answer 2

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

Question 3

Section 122B Mental Health Act 1992

Answer 3

Use of force

If you are exercising the following powers in an emergency you may use such force as is reasonably necessary:

• a power to take or retake a person, proposed patient or patient
• a power to detain a person, proposed patient or patient in sections 41, 109 & 110
• a power to enter premises in sections 41 or 110

Question 4

Section 42 Mental Health Act 1992

Answer 4

Assist a DAO, allows police power to enter, detain and transport the person for an assessment