(b) a person who administers, or assists in the administration of, medical
treatment to the defendant under a supervision order; or
(c) a person who is authorised by the Chief Psychiatrist to supervise, wholly
or partly, the administration of a supervision order in respect of the
defendant; or
(d) an authorised person; or
(e) a mental health officer within the meaning of the Mental Health Act 2013 ;
or
(f) a police officer.
(2) A prescribed person may apprehend a defendant who is subject to a
supervision order if the prescribed person believes on reasonable
grounds –
(a) that –
(i) the defendant has contravened, or is likely to contravene, the supervision
order; or
(ii) there has been, or is likely to be, a serious deterioration in the
defendant's mental health; and
(b) that, because of the breach or likely breach of the supervision order or
the deterioration or likely deterioration in the defendant's mental health,
there is a risk that the defendant will harm himself, herself or another
person.
(3) As soon as practicable after apprehending a defendant under
subsection (2) , the prescribed person is to –
(a) notify the Chief Psychiatrist of the apprehension; and
(b) take the defendant to –
(i) an approved hospital; or
(ii) a secure mental health unit if the prescribed person is of the opinion
that the defendant should be taken to a secure mental health unit for
treatment or for the protection of the defendant or any other person.
(4) If after apprehending a defendant under subsection (2) the
prescribed person is of the opinion that the defendant should be taken to a
secure mental health unit but it is not possible or practicable to do so
immediately, the prescribed person may take the defendant to an approved
hospital where he or she is to be admitted and treated as an involuntary
patient, within the meaning of the Mental Health Act 2013 , until such time as
he or she can be transferred to a secure mental health unit.
(5) When apprehending a defendant, taking him or her to a secure mental
health unit or an approved hospital or transferring him or her to a secure
mental health unit under this section, a prescribed person may –
(a) be assisted by such persons as he or she considers appropriate; and
(b) use such restraint and force as the prescribed person believes appropriate
in the circumstances; and
(c) enter, without warrant, any premises or part of premises in which the
prescribed person reasonably believes the defendant is present.
(5A) The custody and escort provisions, within the meaning of the Mental
Health Act 2013 , apply in respect of the taking of a defendant to an approved
hospital or a secure mental health unit under this section.
(6) A secure mental health unit to which a defendant is taken under
subsection (3) is to admit the defendant and may detain the defendant in
the unit –
(a) for a period not exceeding 24 hours; and
(b) if the Chief Psychiatrist authorises it, for one further period not
exceeding 72 hours; and
(c) if the Tribunal authorises it, for one or more further periods each of a
length to be determined by that Tribunal.
(7) Despite subsection (6) , if –
(a) within a period referred to in paragraph (a) or (b) of that
subsection an application is made to the Tribunal for an extension of the
period for which a defendant may be detained under that subsection; and
(b) a member of the Tribunal authorises it –
the defendant may be
detained in the secure mental health unit until the application is determined
by that Tribunal.
(8) Despite subsection (6) , if within any period for which a
defendant may be detained under that subsection an application is made to the
Supreme Court under section 30 to vary or revoke the supervision order in
respect of the defendant, the defendant may be detained in a secure mental
health unit until the Court has determined the application.
(9) While a defendant is being detained in an approved hospital or
secure mental health unit under this section, the supervision order is
suspended.
