Mental Health (Compulsory Assessment and Treatment) Act 1992

110C Powers of Police when urgent assistance required

(1)

A constable called to the assistance of a medical practitioner under section 110(4), section 110A(5), or section 110B(4)

(a)

may enter the premises where the person or proposed patient is; and

(b)

must, if that constable is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is a constable.

(2)

A constable who enters premises under subsection (1) may, at the request of the medical practitioner,—

(a)

detain the person or proposed patient where he or she is; or

(b)

take the person or proposed patient to a place nominated by the medical practitioner and detain the person or proposed patient at the place.

(3)

Detention under subsection (2) may last for no longer than the following times:

(a)

for the purposes of section 110(1)(a), 6 hours or the time it takes to conduct the medical examination, whichever is shorter:

(b)

for the purposes of section 110A(2), 6 hours or the time it takes to administer the sedative drug, whichever is shorter:

(c)

for the purposes of section 110B(2), 6 hours or the time it takes to conduct the assessment examination, whichever is shorter.

Section 110C: inserted, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 110C(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 110C(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 110C(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).