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In forceAmended2020 Revised Edition

Part 2 · Admission and Detention of Mentally Disordered Persons in Psychiatric Institutions

7. Apprehension of mentally disordered person

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Amended

Last amended by an amending law of 2024. 2 amendments in all.

(1)

It is the duty of every police officer or special police officer to apprehend any person (“P”) where the police officer or special police officer believes that P may endanger P’s or any other person’s life or personal safety, and P’s conduct is reasonably suspected to be attributable to a mental disorder, and take P together with a report of the facts of the case without delay to —

(a)

any medical practitioner for an examination and the medical practitioner may thereafter act in accordance with section 9; or

(b)

any designated medical practitioner at a psychiatric institution and the designated medical practitioner may thereafter act in accordance with section 10.

(2)

For the purposes of and without limiting subsection (1) —

(a)

a police officer’s or special police officer’s reasonable belief that P is endangering P’s life or personal safety is sufficient basis for the police officer’s or special police officer’s reasonable suspicion that P’s conduct is attributable to a mental disorder;

(aa)

it is sufficient that the danger to life or personal safety is only reasonably likely to occur and need not be imminent, and actual harm is not required; and

(b)

“special police officer” has the meaning given by section 2 of the Police Force Act 2004.

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