Protection of People Suffering Mental Disorders Flashcards
What is the power to remove people with mental disorders without a warrant? (S136)
Where it appears to a constable that a person is suffering from a mental disorder and in IMMEDIATE NEED or CARE OR CONTROL they can…
- remove them to a place of safety
- if that person is already at a place of safety, keep them there or remove them to another place of safety
- this power cannot be used if the person is in their own home or a garden, garage or outbuilding attacked to that property unless it is used by other residents
- this gives a power of entry by force
Who should be consulted before using the 136 power to remove someone?
IF PRACTICABLE…
- a medical practitioner
- a mental health professional
- a registered nurse
- another certified person
How long can a person be detained under 136?
A person can be detained for 24 HOURS from…
- the time they arrive at the place of safety if removed to one
- if they are being kept at the place of safety, from the time the decision is made to keep them there
What is a place of safety?
- hospital
- police station
- care home
- social services accommodation
- a child (under 18) CANNOT be removed to a police station as a place of safety
- a police station should only be used for an adult if…
- they pose a serious risk of harm or death to themselves or others
- they have no other options for a place of safety in that police area and
- they will have access to a a healthcare professional
- an INSPECTOR OR ABOVE must authorise the use of a police station as a place of safety
How much longer after the 24hrs can a person be detained?
A MEDICAL PRACTITIONER can authorise to detain a person any time BEFORE THE END of the 24 hours for a further 12 HOURS starting IMMEDIATELY AT THE END OF THE 48 HOURS
What did the power to retake a person who has escaped after being lawfully detained?
Where a person is being removed after the execution of a mental health warrant they MUST BOT BE RETAKEN AFTER 24 HOURS HAS PASSED STARTING WHEN THEY ESCAPED
- where further detention has been authorised by a healthcare professional this period moves to 36 HOURS
Who can execute a warrant to search and remove a patient?
A CONSTABLE MUST execute the warrant and MUST BE ACCOMPANIED by a MENTAL HEALTH PROFESSION AND A MEDICAL PRACTITIONER
