Mental Health act

Our man in Havana

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.

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.

Our man in Havana

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

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.

Dkneaj

Does this detention get recorded on the Garda pulse system?

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