Mental Health (Compulsory Assessment and Treatment) Act 1992

113A Judge or Registrar may issue warrants

  • (1) This subsection and subsections (2) to (4) apply to—

    • (a) every proposed patient or patient who—

      • (i) is required to attend at any place for—

        • (A) an assessment examination under section 9; or

        • (E) a review to which a notice given under section 76(1A) relates; and

      • (ii) is refusing to attend at that place; and

    • (b) every patient who—

      • (i) is subject to a community treatment order; and

      • (ii) is refusing to attend at a place for treatment in accordance with the order; and

    • (c) every patient who—

      • (i) is subject to an inpatient order; and

      • (ii) is absent from the hospital—

        • (A) without leave; or

        • (B) when the patient's leave of absence from the hospital has expired or has been cancelled.

    (2) In subsections (3) and (4), warrant means a warrant in the prescribed form to take such a proposed patient or patient to a place specified in the warrant.

    (3) The Director of Area Mental Health Services may apply for a warrant.

    (4) A District Court Judge or, if no Judge is available, a Registrar may issue a warrant authorising any constable to take a proposed patient or patient to the place specified in the warrant, if the Judge or Registrar is satisfied that—

    • (a) the proposed patient or patient is refusing to attend at the place at which he or she is required to attend; or

    • (b) the patient is absent from the hospital—

      • (i) without leave; or

      • (ii) when the patient's leave of absence from the hospital has expired or has been cancelled.

    (5) In subsections (6) and (7), warrant means a warrant in the prescribed form to enter premises under section 41(2).

    (6) A constable may apply for a warrant.

    (7) A District Court Judge or, if no Judge is available, a Registrar may issue a warrant authorising any constable to enter premises under section 41(2), if the Judge or Registrar is satisfied that the issue of a warrant is necessary.

    Section 113A: inserted, on 1 April 2000, by section 64 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Section 113A(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 113A(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 113A(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).