Older Persons Act, 2006
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care40. Intervention by members of South African Police Service |
| (1) | If a member of the South African Police Service has reason to believe, from personal observation or from information obtained from a mental health care practitioner, that a person due to his or her mental illness or severe or profound intellectual disability is likely to inflict serious harm to himself or herself or others, the member must apprehend the person and cause that person to be – |
| (a) | taken to an appropriate health establishment administered under the auspices of the State for assessment of the mental health status of that person; and |
| (b) | handed over into custody of the head of the health establishment or any other person designated by the head of the health establishment to receive such persons. |
| (2) | If a mental health care practitioner, after the assessment referred to in subsection (1), is of the view that the person apprehended is – |
| (a) | due to mental illness or severe or profound intellectual disability, likely to inflict serious harm to himself or herself or others, must admit the person to the health establishment for a period not exceeding 24 hours for an application to be made in terms of section 33; or |
| (b) | unlikely to cause harm, he or she must release the person immediately. |
| (3) | If an application is not made within the 24 hour period, the person apprehended must be discharged immediately. |
| (4) | If an assisted or involuntary mental health care user has absconded or is deemed to have absconded or if the user has to be transferred under sections 27(10), 33(9), 34(4)(b), 34(6) and 39, the head of the health establishment may request assistance from the South African Police Service to – |
| (a) | locate, apprehend and return the user to the health establishment concerned; or |
| (b) | transfer the user in the prescribed manner. |
| (5) | The South African Police Service must comply with the request. |
| (6) | When requesting the assistance, the South African Police Service must be informed of the estimated level of dangerousness of the assisted or involuntary mental health care user. |
| (7) | A person apprehended in terms of subsection (4) may be held in custody at a police station for such period as prescribed to effect the return or the transfer in the prescribed manner. |
| (8) | A member of the South African Police Service, may use such constraining measures as may be necessary and proportionate in the circumstances when apprehending a person or performing any function in terms of this section. |
