Mental Health Act 1992 (Sec 2, 38, 39, 41, 109, 110C & 122B) Flashcards
Police role under the mental health act?
The responsibility for mental health services rest primarily with the mental health services but Police provide assistance where legislation provides for Police intervention.
What is mental disorder?
To mean a person:
Is in an abnormal state of mind (continuous or intermittent)
Delusional
Mood or perception poses serious danger to health and safety or seriously diminishes capacity to look after themselves.
Key words:
Poses a serious danger
Seriously diminishes capacity to look after themselves.
Mental disorder does not include?
Political, religious or cultural beliefs. Sexual preferences Criminal or delinquent behaviour Substance abuse intellectual disability
Legal powers under section 41? (assist DAO)
If a person is believed to have a mental disorder and needs a medical examination urgently Police may help the DAO.
May enter the premises
Must produce ID
Detain the person for up to six hours
If the person must go but is unwilling you can help the DAO.
May enter the premises
Produce ID
May take the person to the place
Detain the person for up six hours
You can also help the DAO to take all reasonable steps to take or return proposed patients if they are refusing to attend or absent without leave.
May enter the premises Produce ID May take the person to the place Detain the person for up six hours May take patient back to hospital
What is the preferred option re assessment?
To have the doctor assess the person in their home.
Using force?
Under Section 122B of the mental health act, if you are acting in an emergency when assisting a DAO, you can use such force as is reasonably necessary in the circumstances.
Limitations of your powers and assistance?
Your powers to enter premises and detain a person can be used only to assist a DAO who is acting under section 38, 40.
If a DAO asks for help to return patient to an assessment or treatment facility, what should you do?
Check the certificate.
Using force to transport?
When the person must go to the medical practitioner for the examination but is unwilling to go, you can use force to transport.Sec 122
Only use force:
In your opinion it is justified
The DAO gives you clear instruction
The patient would be likely to suffer harm or harm people or damage property
Indemnity against civil liability?
Do not use force unless:
The district has obtained a general indemnity.
The DAO has been informed, and has accepted responsibility.
Taking the person to the Police station for assessment?
This is not preferred unless there is no alternative, no hospital nearby.
If the DAO is not present?
If the person who requested your assistance is not at the scene, do not do the job of the health professional. If the matter is not urgent, decline.
Mentally disordered person wondering at large?
If you find a person wondering at large and reasonable may have a mental disorder you have powers to apprehend under sec 109 which relates to mentally disordered persons in a public place.
You should only do this if you think it would be desirable in the interests of the person or public.
Mentally disordered person on private property?
Police have NO power under the mental health act to enter private property or to detain a person with a mental disorder on private property, unless asked to do so by a DAO or medical practitioner.
Under Sec 18 of the S&S act you can enter private property if you reasonable grounds to suspect that a person is in possession of firearms but reason of a mental condition is incapable of having proper control of them.
