MENTAL HEALTH Flashcards
Mental Health Act 1992
What is the definition of mental disorder ?
Means an abnormal state of mind (weather of conscious or intermittent nature), characterised by:
- Delusions
- Disorders of mood, perception, volition or cognition,
Of such degree that;
- “Poses serious danger” to health/safety of persons
; OR
- “Seriously diminishes capacity” of person to take care of themselves
Mental Health Act 1992
What can any person do if they believe someone is suffering a mental disorder ?
Request the assistance of a Duly Authorised Officer, who can then make an assessment
Mental Health Act 1992
If a Duly Authorised Officer or Medical Practitioner has a certificate under 8B(4)(b) to have a person assessed … what is the time period where receipt of another certificate is not required … and action can be taken
72 hours
Mental Health Act 1992
Under Section 41 - What can a Duly Authorised Officer do ?
May call a Constable to assist
Mental Health Act 1992
What can a Constable do under Section 41 (2) …then what powers exist in 41(3), (4) and (5) ?
- May enter premises where person is AND
- Must produce ID (if not in uniform)
- Detain person for up to 6 hours, or time it takes to conduct medical examination (whichever is shorter)
OR, if Authorised; - back to hospital
NOTE: must not exercise power under S. 41(2) w/w, if reasonably practicable to obtain warrant
Mental Health Act 1992
Under S.109, Mental Disorder in Public Place.
If person found in PP, acting nuts, what can you do?
- Take person to Police Station, Hospital, Surgery or other appropriate place; AND
- Arrange Medical Practitioner to examine as soon as practicable
NOTE: Only do if person is “serious danger to themselves or others”; or they have “seriously diminished capacity” to take care of themselves
Mental Health Act 1992
Under S.109, Mental Disorder in Public Place.
If Medical Practitioner does not consider RG believing person mentally disordered … what happens ?
The person shall be released “forthwith”
Mental Health Act 1992
Under S.109, Mental Disorder in Public Place.
If Medical Practitioner has RG believing person mentally disordered … what happens ?
- Medical Practitioner must issue certificate under S. 8B (4)(b); AND
- Make application under S. 8A
- Detain them for 6 hours … or for an assessment (whichever is shorter)
Mental Health Act 1992
Under S.110C, Powers of Police when urgent assistance required.
If Constable is called to assist a Medical Practitioner under S. 110 … what may we do ?
- Enter premises; AND
- Produce ID (if not in uniform)
(“AND may at the Request of the medical practitioner”) - Detain person OR
- Take and Detain person at place specified by Med. Practitioner
** No longer than 6 hours to administer sedative, Conduct Medical examination or assessment etc.
Mental Health Act 1992
If reasonable force is used to take patient, what must you do ?
- Make report (TOR)
- Copy must be given to Director of Area Mental Health Services “as soon as possible”
Mental Health Act 1992
Under S.4, Compulsory Assessment and Treatment procedures may not be invoked because of a persons … what ?
- Political, religious or cultural belief
- Sexual preferences
- Criminal or delinquent behaviour
- Substance abuse
- Intellectual Disability
Mental Health Act 1992
If you act “without Statutory Authority”, is there a protection from civil or criminal liability even if you’ve acted in good faith ?
NO
Mental Health Act 1992
If a warrant is necessary to locate, arrest and detain someone under this Act, who can apply for the warrant ?
Has been agreed Constable or DAO. (Police Constable must sign and swear it)
Mental Health Act 1992
If force is used, is there an indemnity against civil claims ?
Do not use force unless:
- District has obtained general indemnity from MH against civil claims for damage; OR
- DAO informed and accepted responsibility for damage and asked you to continue
(KEY RULE: You cannot use force, unless it is an emergency AND IF you act “without statutory authority” there is no protection from civil or criminal liability “even if acting in good faith”
Mental Health Act 1992
Do police have powers under the Mental Health Act 1992 to enter private property or detain person with a mental disorder on private property
NO - unless at the request of a DAO
