Search Legislation

Mental Health (Care and Treatment) (Scotland) Act 2003

61.Section 35 confers powers on a sheriff or justice of the peace, which support the carrying out of inquiries under section 33. A relevant mental health officer may seek a warrant for any of a range of purposes which may be relevant to the inquiry: to enter premises and open lock-fast places; to detain a person for 3 hours for the purpose of a medical examination; or for a medical practitioner to have access to a person’s medical records. Such an examination could be a preliminary to emergency detention or short-term detention under Parts 5 and 6 respectively.

Back to top

Options/Help