Mental Treatment Act, 1945

Removal to Gárda Síochána station of person believed to be of unsound mind and requiring control, etc.

165.—(1) Where a member of the Gárda Síochána is of opinion that it is necessary that a person believed to be of unsound mind should, for the public safety or the safety of the person himself, be placed forthwith under care and control, he may take the person into custody and remove him to a Gárda Síochána station.

(2) Where a member of the Gárda Síochána removes a person under this section, he shall apply forthwith in the prescribed form to the authorised medical officer for a recommendation (in this Act also referred to as a recommendation for reception) for the reception and detention of the person as a person of unsound mind in the district mental hospital for the mental hospital district in which the person ordinarily resides.

(3) Where application is made under this section to the authorised medical officer for a recommendation for reception, such officer shall forthwith examine the person to whom the application relates and shall thereupon either—

(a) if he is satisfied that it is proper to make the recommendation, make it in the prescribed form, or

(b) in any other case, refuse the application.

(4) Where a recommendation for reception is made under this section in relation to any person, the appropriate assistance officer shall be regarded as the applicant for the recommendation.