Mental Health (Scotland) Act 1984

117 Entry on premises and warrant to search for and remove patients.S

(1)Where a mental health officer or a medical commissioner has reasonable cause to believe that a person suffering from mental disorder—

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

(b)being unable to care for himself, is living alone or uncared for in any place,

he may, on production of some duly authenticated document showing that he is so authorised, demand admission at all reasonable times and, if admission is not refused, may enter and inspect that place.

(2)If it appears to a justice of the peace on sworn information in writing by such officer or commissioner as aforesaid, that admission when demanded in pursuance of subsection (1) of this section has been refused or that a refusal of such admission is apprehended, he may issue a warrant authorising any constable named therein to enter, if need be by force, any premises specified in the warrant, and to remove, if it appears proper so to do, any person suffering from mental disorder to whom subsection (1) of this section applies to a place of safety with a view to the making of an application or emergency recommendation in respect of him under Part V of this Act, or of other arrangements for his treatment or care.

(3)If it appears to a justice of the peace on sworn information in writing by any constable or other person who is authorised by or under this Act or under section 88 of the M1Mental Health Act 1983, to take a patient to any place, or to take into custody or retake a patient who is liable to be so taken or retaken—

(a)that there is reasonable cause to believe that that patient 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,

the justice may issue a warrant authorising any constable named therein to enter the premises, if need be by force, and to remove the patient.

(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 72 hours.

(5)In the execution of a warrant issued under subsection (2) of this section, the constable to whom it is addressed shall be accompanied by a medical practitioner, and in the execution of a warrant issued under subsection (3) of this section the constable to whom it is addressed may be accompanied—

(a)by a medical practitioner;

(b)by any person authorised by or under this Act or section 88 of the M2Mental Health Act 1983, to take or retake the patient.

(6)It shall not be necessary in any information or warrant under subsection (2) of this section to name the person concerned.

(7)In this section—

(a)any reference to a justice of the peace includes a reference to the sheriff and to a stipendiary magistrate; and

(b)“place of safety” means a hospital as defined by this Act or residential home for persons suffering from mental disorder or any other suitable place the occupier of which is willing temporarily to receive the patient; but shall not include a police station unless by reason of emergency there is no place as aforesaid available for receiving the patient.