CPK - Mental Health

Question 1

You locate a person in a public place you believe they are acting mentally disordered. Under Section 109 what can you do?

Answer 1

• Take person to station, Hospital or appropriate place
• Arrange for medical
• Once examine and no grounds for disorder must be released
• Examiner believes in disorder must issue certificate
• Can detain until exam completed or take somewhere else directed by examiner for exam
• Only for 6 hrs or until exam completed

Question 2

For what reason can a DAO call Police to assist them?

Answer 2

• Urgent exam needed
• Person must go to exam but unwiling
• Refusing to attend or absent without leave
• Police may enter, show ID and detain for 6 hrs or until exam completed
• May use reasonable force
• Must not entered without a warrant if it practicable to obtain one

Question 3

What is the Police role under the Mental Health Act?

Answer 3

• Responsibility rest of Mental Health Services Police assist where legislation allows

Question 4

What are some key words in the definition of a Mental disorder?

Answer 4

• Abnormal state of mind
• Delusions, disorders of mood and perception
• Poses serious danger to that person and others
• Seriously diminishes the capacity to care for themselves.

Question 5

If someone requests your assistances what checks should you make on that person?

Answer 5

• Check their credentials

- Seek copies of assessment cert or Compulsory Treatment order

Question 6

If a person is being transported or needs to be transported for assessment under Section 9,11 or 13 can you use force?

Answer 6

• DO NOT use force unless health professional has issued a notice
• This must be explained to the person
• Notice states times, place and who exam will be competed by

Question 7

In all situations you should only used force if?

Answer 7

• It is justified, necessary and proportionate
• DAO gives clear direction to
• Patient or others will suffer harm

Question 8

Should you take a person to the station?

Answer 8

• No unless violent or under arrest
• Police station is not suitable for assessments
• If you are asked to do this remember you are not obliged and the person should be taken to Hospital.

Question 9

What steps should be taken if you believe a person is 1M and requires a medical?

Answer 9

• QP maybe reported missing from Mental facility
• Known with 1M history call DAO for info
• Determine if on leave from psychiatric ward if so leave could be revoked and returned

Question 10

Can you enter a property to detain a person believed to be mentally disordered?

Answer 10

• No power to enter unless asked by DAO or medial practitioner
• If action is needed seek DAO help or use other legislation
• Can enter when requested by occupier

Question 11

There are 3 sections which apply to your power to take and detain as if it were a power of arrest. What are these?

Answer 11

• S30 protects your K9 wrong person in good faith
• S31 confers powers of arrest without warrant
• S34 powers to assist constable if asked to do so