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Mental Health act

  • 18-05-2008 6:30pm
    #1
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭


    Is it possible to have a person detained by Gardaí against their will under the mental health act? Say for example a person is violent in the home?

    Purely hypothetical situation of course.


Comments

  • #2
    cushtac
    Closed Accounts Posts: 1,253 ✭✭✭cushtac


    Section 12 of the Mental Health Act 2001 allows the Gardai to take someone into custody if they believe that person is suffering from a mental disorder to such an extent as to pose a threat to that person or to others. On detention, the Gardai must then arrange for the person to be seen by a doctor. If the doctor judges the person to be a threat, they're taken to a hospital for treatment; if the doctor finds the person to be sound, they're released from custody immediately.

    Section 12 also allows Gardai to enter a dwelling or premises, by force if necessary, to detain a person.


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Thanks for that. Does there have to be an actual offence committed before the Gardaí will act?


  • #4
    haz
    Closed Accounts Posts: 313 ✭✭haz


    Bond-007 wrote: »
    Thanks for that. Does there have to be an actual offence committed before the Gardaí will act?

    No, the perceived likelihood is sufficient:

    "Where a member of the Garda Síochána has reasonable grounds for believing that a person is suffering from a mental disorder and that because of the mental disorder there is a serious likelihood of the person causing immediate and serious harm to himself or herself or to other persons..."

    http://www.irishstatutebook.ie/2001/en/act/pub/0025/sec0012.html#partii-sec12

    Note that the person can be held for a maximum of 24 hours for assessment (section 14) and will be released if not subject to an involuntary admission order. Obtaining a voluntary admission is likely to have a better outcome for all concerned, wherever feasible.


  • #5
    Dkneaj
    Registered Users Posts: 1 ✭Dkneaj


    Does this detention get recorded on the Garda pulse system?


  • #6
    mynamejeff
    Banned (with Prison Access) Posts: 3,315 ✭✭✭mynamejeff


    Dkneaj wrote: »
    Does this detention get recorded on the Garda pulse system?

    well yes , any kind of custody or detention will get recorded , might not be relevant to vetting or Police certs of character though if that's relevant


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