Mental Health (Compulsory Assessment and Treatment) Act 1992

Part 10 Enforcement and offences

109 Police powers in relation to person appearing to be mentally disordered in public place

(1)

If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so,—

(a)

take that person to a Police station, hospital, or surgery, or to some other appropriate place; and

(b)

arrange for a medical practitioner to examine the person at that place as soon as practicable.

(2)

If the medical practitioner, having examined the person, does not consider that there are reasonable grounds for believing that the person may be mentally disordered, the person shall be released forthwith.

(3)

Subsection (3A) applies if the medical practitioner, having examined the person, considers that—

(a)

there are reasonable grounds for believing that the person may be suffering from a mental disorder; and

(b)

it is desirable for the person to have an assessment examination urgently in the person’s own interests or the interests of any other person.

(3A)

The medical practitioner must, as soon as possible,—

(a)

issue a certificate under section 8B(4)(b); and

(b)

make an application under section 8A.

(4)

Subject to subsection (5), in any case to which subsection (3) applies any constable may—

(a)

continue to detain the proposed patient at that place until the assessment examination has been conducted; or

(b)

take the proposed patient to some other place nominated by the medical practitioner for the purpose of an assessment examination, and detain the proposed patient at that other place until the assessment examination has been conducted.

(5)

Detention under this section may last for no longer than the following times:

(a)

for the purposes of subsections (1) to (3A), 6 hours or the time it takes to carry out the actions described in those subsections, whichever is shorter:

(b)

for the purposes of subsection (4), 6 hours or the time it takes to conduct the assessment examination, whichever is shorter.

Compare: 1969 No 16 s 35; 1972 No 22 s 4

Section 109 heading: replaced, on 1 April 2000, by section 59 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 109(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 109(3): replaced, on 1 April 2000, by section 59(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 109(3A): inserted, on 1 April 2000, by section 59(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 109(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 109(4)(a): amended, on 1 April 2000, by section 59(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 109(4)(b): amended, on 1 April 2000, by section 59(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 109(5): replaced, on 1 April 2000, by section 59(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).