Section 7Part 0 —
Apprehension of a person suspected to be a danger
←→ Navigate · Click subsection badges to collapse · Press ? for help
Where it appears to a constable that a person —
is, by reason of mental impairment or serious mental illness, an immediate danger, or is likely to become a danger, to themselves or other persons; or
is threatening, attempting or preparing to inflict self-harm,
the constable shall take the person into protective custody and, with all reasonable despatch but no later than twelve hours after the person is taken into protective custody, bring the person before a medical doctor employed by the Government to be examined.
A constable shall, upon taking the person to a medical doctor in accordance with subsection (1), immediately complete and file the prescribed form with the receiving medical doctor, and shall indicate in the prescribed form the grounds for the constable's actions under subsection (1).
The medical doctor referred to in subsection (1) shall, after conducting the examination —
complete the prescribed form to be used in the assessment of the person; and
consult a medical officer.
If the medical officer referred to in subsection (3)(b) considers that the person should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing that the person be detained for up to seventy-two hours in a hospital or other place of safety able to receive and care for that person.
If the medical officer referred to in subsection (3)(b) makes an emergency detention order under subsection (4), the medical officer shall —
in writing, as soon as practicable thereafter, inform the Mental Health Commission of the detention of the person;
supply the Mental Health Commission with a copy of the prescribed form under subsection (3)(a); and
otherwise comply with any regulations that may be made under this Act in that regard.
If the medical officer referred to in subsection (3)(b) forms the opinion that there is no need to further detain the person, the medical officer shall not make an emergency detention order and shall order the release of that person.