[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> MENTAL HEALTH ACT (NORTHERN IRELAND) 1961

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 105

105.(1) If it appears to a justice of the peace, on information on oath laid
by [an officer of a Health and Social Services Board] or a constable, that
there is reasonable cause to suspect that a person believed to be suffering
from mental disorder

(a)has been, or is being, ill-treated, neglected or kept otherwise than under
proper control; or

(b)being unable to care for himself, is living alone;

(2) If it appears to a justice of the peace, on information on oath laid by
[an officer of a Health and Social Services Board] or a constable

(a)that there is reasonable cause to believe that a patient who, under
this Act, is liable to be taken to any place, or to be taken into custody or
to be retaken, is to be found on any premises; and

(b)that admission to the premises has been refused or that a refusal of such
admission is apprehended;

(3) If it appears to a justice of the peace, on information on oath laid by
any person authorised by or under section ninety-three of the Mental Health
Act, 1959, or section eighty-three of the Mental Health (Scotland) Act, 1960,
to take into custody in Northern Ireland any person who may be so taken

(a)that there is reasonable cause to believe that a person who may be taken
into custody by virtue of either of the aforesaid enactments, is to be found
on any premises; and

(b)that admission to the premises has been refused or that a refusal of such
admission is apprehended;

(4) A patient who is removed to a place of safety in the execution of a
warrant issued under this section may be detained there for a period not
exceeding seventy-two hours.

(5) It shall not be necessary in any information or warrant under sub-section
(1) to name the person concerned.

(6) In this section "place of safety" means any hospital, [of which the
administering Health and Social Services Board is] willing temporarily to
receive persons who may be taken there under this Act, any Royal Ulster
Constabulary station, or any other suitable place the occupier of which is
willing temporarily to receive such persons.

© 1961 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mhai1961288/s105.html