MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 351 Apprehension of person by police
MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 351
Apprehension of person by police(1) A police officer may apprehend a person if the police officer is satisfied that—
(a) the person appears to have mental illness; and
(b) because of the person's apparent mental illness, the person needs to be apprehended to prevent serious and imminent harm to the person or to another person.
(2) A police officer is not required for the purposes of subsection (1) to exercise any clinical judgement as to whether the person has mental illness.
(3) A police officer exercising the powers conferred by this section may be accompanied by a registered medical practitioner or a mental health practitioner.
(4) A person apprehended under this section is subject to the custody of the police officer until released from that custody in accordance with this section.
(5) As soon as practicable after apprehending a person under this section, a police officer must arrange for the person to be taken to—
(a) a registered medical practitioner or mental health practitioner; or
(b) a public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988 to enable a registered medical practitioner or mental health practitioner—
to examine the person in accordance with section 30 to determine whether to make an Assessment Order.
(6) A person apprehended under this section is released from the custody of the police officer when—
(a) if subsection (5)(a) applies, the person is made subject to an Assessment Order; or
(b) if subsection (5)(b) applies, the person enters into the care of the public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988 .
(7) For the purposes of apprehending a person under this section, a police officer has all the powers necessary to do so.
(8) Nothing in this section limits—
(a) any other power of a registered medical practitioner or mental health practitioner in relation to a person apprehended under this section; or
(b) any other power of a police officer in relation to a person apprehended under this section.