Mental Health Act 1992 Flashcards
What is a ‘mental disorder’?
Abnormal state of mind.
Whether intermittent or continuous.
Delusions, perception, disorders of mood.
Pose serious danger to health or safety of that person or others.
What is a restricted patient?
Subject to compulsory treatment order.
Considered to present a danger to the public.
Patients - with mental health issues - cannot be released into society.
What is a special patient?
Patients deemed by way of court order CRIMINALLY insane.
Includes people on remand for psychiatric report.
Hazard to community… Criminals with mental health issues.
What is a DAO?
Duly authorised officers.
Qualified nurses, specialised in area of mental health - received further training.
When can you return a Compulsory treatment Patient (who is AWOL)?
3 months.
Can be returned/taken to hospital if apprehended within 3 months of going missing.
When can you return a Restricted Patient or Special Patient (who is AWOL)
Patients of these categories who have absconded or are absent without leave may be apprehended and returned to hospital at any time.
What is a requirement for transporting a 1M when a DAO requests it?
Where police have been called to assist, the DAO will at all times physically accompany and monitor the patient.
What is the time limit for detention for the purpose of a medical assessment/examination?
6 hours
Section 4 of the Mental Health Act 1992 states that no compulsory assessment or treatment of any person shall be ordered by reason only of…
Political/religious/cultural beliefs Sexual preferences Criminal/delinquent behaviour Substance abuse Intellectual disability
What does Section 109 of the Mental Health Act 1992 give police the power to do?
Section 109 – Police Powers in Public Place:
Mentally disordered people in a public place.
Can apprehend at large in public place
Behaving in a manner that police have RGTB
Person has mental disorder, and
Believes it is in the best interest of the person or
The public’s safety to do so
What does Section 41 of the Mental Health Act 1992 give police the power to do?
Section 41 – Police Powers to assist a DAO.
A DAO may call upon the assistance of any member of the police
Enter the premises by force if necessary
Detain the person until the assessment exam has been completed
Transport a patient to a location for assessment or treatment.
What does section 110 of the Mental Health Act 1992 give police the power to do?
Assist a medical practitioner in detaining a patient for assessment/the administration of a sedative drug.
Any member of police called upon in such circumstances may enter the premises by force if necessary and detain the person in those premises until the assessment examination has been conducted, or take the person to some other place nominated by the medical practitioner for the purposes of a medical examination or an assessment examination, and detain at the location until the examination has been conducted.
When detaining a person pursuant to the Mental Health Act 1992, what must you do?
Give them their Rights/Cautions
What force can you use?
Section 122B of the act states that you can use such force as is reasonably necessary in the circumstances.
