Part X Miscellaneous and Supplementary
Miscellaneous provisions
135 Warrant to search for and remove patients.
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 F2article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005 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 F3article 8 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.
F43A
A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (3) above, take a person detained in a place of safety under that subsection to one or more other places of safety.
3B
A person taken to a place of safety under subsection (3A) above may be detained there for a period ending no later than the end of the period of 72 hours mentioned in subsection (3) above.
4
In the execution of a warrant issued under subsection (1) above, F5a 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 F5a constable may be accompanied—
a
by a registered medical practitioner;
b
by any person authorised by or under this Act or under F6article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005 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 1948F7. . . , a hospital as defined by this Act, a police station, F8an 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.