(1)If it appears to a justice of the peace, on information on oath laid by an approved social worker, 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, in any place within the jurisdiction of the justice, or
(b)being unable to care for himself, is living alone in any such place,
the justice may issue a warrant authorising any constable . . . F1 to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him to a place of safety with a view to the making of an application in respect of him under Part II of this Act, or of other arrangements for his treatment or care.
(2)If it appears to a justice of the peace, on information on oath laid by any constable or other person who is authorised by or under this Act or under section 83 of the [F2Mental Health (Scotland) Act 1984] to take a patient to any place, or to take into custody or retake a patient who is liable under this Act or under the said section 83 to be so taken or retaken—
(a)that there is reasonable cause to believe that the patient is to be found on premises within the jurisdiction of the justice; and
(b)that admission to the premises has been refused or that a refusal of such admission is apprehended,
the justice may issue a warrant authorising any constable . . . F1 to enter the premises, if need be by force, and remove the patient.
(3)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 72 hours.
(4)In the execution of a warrant issued under subsection (1) above, [F3a constable] shall be accompanied by an approved social worker and by a registered medical practitioner, and in the execution of a warrant issued under subsection (2) above [F3a constable] may be accompanied—
(a)by a registered medical practitioner;
(b)by any person authorised by or under this Act or under section 83 of the [F4Mental Health (Scotland) Act 1984] to take or retake the patient.
(5)It shall not be necessary in any information or warrant under subsection (1) above to name the patient concerned.
(6)In this section “place of safety” means residential accommodation provided by a local social services authority under Part III of the M1National Assistance Act 1948F5. . . , a hospital as defined by this Act, a police station, [F6an independent hospital or care home] for mentally disordered persons or any other suitable place the occupier of which is willing temporarily to receive the patient.
Textual Amendments
F1Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I
F2Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127, Sch. 3 para. 56(a)
F3Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 Pt. I para. 26
F4Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 3 para. 56(b)
F5Words in s. 135(6) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 66(2), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.
F6Words in s. 135(6) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(9); S.I. 2001/4050, art. 3(3) (subject to art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))
Marginal Citations