How amendments to the Mental Health Act 1983 will change police powers

摘要

The Mental Health Act 1983 makes provision for the admission, care, treatment and aftercare of persons suffering from a mental disorder under conditions of detention and on an informal basis. The civil detention process under the Mental Health Act 1983, part 2, requires an application for detention from an approved mental health professional (AMHP) (or the patient's nearest relative) founded on medical recommendation(s).The Mental Health Act assessment is conducted at the request of the patient's general practitioner or relative. There are occasions, however, when the assessment team are unable to gain access to the patient or the person is in need of immediate care or control. Under these circumstances, the 1983 Act makes provision for the police to take action and hold the person in a place of safety until they are assessed for detention under part 2 (Mental Health Act 1983, sections 135 and 136).