Mental Health Act 1992

Question 1

Mental disorder defined

Answer 1

ABNORMAL STATE OF MIND characterised by delusions, disorders of mood perception, volition or cognition
- poses a serious danger to health and safety of that person or others
- seriously diminishes the capacity of that person to take care of himself or herself

Question 2

Restricted patients

Answer 2

Subject to a compulsory treatment order
Danger to the public

Question 3

Special patients

Answer 3

Detained by way of a court order
Criminally insane
Unfit to plead
Category also includes people on remand for a psychiatric report

Question 4

DAOs

Answer 4

Duly authorised officers

Question 5

Patients absent without leave or have absconded

Answer 5

Both special and restricted patients absent without leave may be apprehended and returned to hospital at any time

Question 6

Compulsory treatment patients

Answer 6

Patient who is absent without leave
Fails to comply with an order may be apprehended and returned/taken to hospital or apprehended within 3 months of going missing

Question 7

What happens if they are absent for more than 3 months

Answer 7

A new application for assessment must be completed

Question 8

Section 109 Mental Health Act 1992

Answer 8

Mentally disordered people in public places, police powers in public places
May detain/apprehend person

Question 9

Section 109 defined

Answer 9

Any police constable may apprehend

Any person wandering at large in a public place
AND
Behaving in a way that gives reasonable belief that he/she is mentally disordered
AND
The member believes it is in the interest of the person or public to do so

Question 10

After apprehension

Answer 10

Take the person to a hospital, mental health facility or other appropriate place

DAO examination must be arranged as soon as possible

Only under certain circumstances may you take the person to the Police station as a last resort situation

Question 11

What is the time limit for an examination to take place

Answer 11

6 hours otherwise they must be released

Question 12

Section 41 Mental Health Act 1992

Answer 12

Police power to assist a DAO either with assessing patient or transporting them

Question 13

Section 110 Mental Health Act 1992

Answer 13

Authority of doctor
Assisting a mental health practitioner

Question 14

Section 110A

Answer 14

Use of sedatives

Question 15

Section 110C

Answer 15

Police powers of entry when urgent assistance is needed

Question 16

People found with mental illness procedure

Answer 16

Initial status - Check QP (NIA)
Use local resources - DAO/Police
If called to private address - enter with sec41 MHA 1992 or consider s14 SASA 2012
If in a public place - apprehend person under section 109 MHA 1992
Search - SASA 2012 sec 85/125
May use reasonable force under section 125(1)(d) of SASA 2012
BOR given
Use of force - section 122B MHA 1992