Mental Health Act 20266

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Powers of Garda Síochána in respect of involuntary admissions

17. (1) Where a member of An Garda Síochána has reasonable grounds for believing that a person has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission the member may, either alone or with any other member or members of An Garda Síochána—

(a) take all reasonable measures necessary to take the person into custody and arrange for the matters specified in subsections (3) and (5), subject to and in accordance with subsections (6) and (7), as applicable, to be carried out as soon as practicable, but no later than 6 hours after the time that the person is taken into custody, and

(b) enter if needs be by force any dwelling or other premises or any place if he or she has reasonable grounds for believing that the person is to be found there.

(2) The period referred to in subsection (1)(a) may be extended by one additional period of 6 hours under the authorisation of a member of An Garda Síochána not below the rank of inspector if he or she has reasonable grounds for believing that any such additional period is necessary in order that the matters specified in subsections (3) and (5) may be carried out, subject to and in accordance with subsections (6) and (7), as applicable.

(3) Where a member of An Garda Síochána takes a person into custody under subsection (1), he or she or any other member or members of An Garda Síochána shall request—

(a) an authorised officer, or

(b) the Executive to nominate an authorised officer,

to make an application to a registered medical practitioner for a recommendation for involuntary admission for the person, the subject of the request, to be involuntarily admitted to a registered acute mental health centre (in this section referred to as a “Garda request for an application for a recommendation for involuntary admission”).

(4) Where an authorised officer or the Executive, as the case may be, receives a Garda request for an application for a recommendation for involuntary admission, the authorised officer or the Executive, as the case may be, shall comply with that request as soon as practicable.

(5) Where, following the making of reasonable efforts by the Executive, it has not been possible for an authorised officer to assess whether to make an application for a recommendation for involuntary admission in respect of the person the subject of the request, under subsection (3), the member of An Garda Síochána who is responsible for the person who is taken into custody under subsection (1) shall request a relevant person to—

(a) carry out each of the steps specified in section 14 (3), and

(b) decide whether or not to make a direct application for a recommendation for involuntary admission in respect of the person concerned.

(6) Sections 13 , 14 and 16 shall, with all necessary modifications, apply to a Garda request for an application for a recommendation for involuntary admission as they apply to a direct application for a recommendation for involuntary admission and an application for a recommendation for involuntary admission.

(7) Section 15 shall apply to a Garda request for an application for a recommendation for involuntary admission with the following modifications:

(a) that the registered medical practitioner to whom an application is made shall, not later than 6 hours from the time that the person is taken into custody or, where the period of custody has been extended under subsection (2), not later than 12 hours from the time that the person has been taken into custody—

(i) carry out the examination of the person in the custody of An Garda Síochána, and

(ii) make a recommendation for involuntary admission under section 15 (3) or refuse to make a recommendation for involuntary admission under section 15 (4);

(b) any other necessary modifications.

(8) A person taken into custody under this section shall be released from custody immediately if—

(a) following an assessment of the person concerned, an authorised officer refuses to make an application under section 13 (5),

(b) having carried out each of the steps specified in section 14 (3), a relevant person contacted under subsection (5) decides not to make a direct application for a recommendation for involuntary admission, or

(c) following an examination of the person concerned, a registered medical practitioner refuses to make a recommendation for involuntary admission under section 15 (4),

unless the person the subject of the application concerned is charged or caused to be charged with an offence or his or her detention is authorised otherwise than under this section.

(9) Where, in an application for a recommendation for involuntary admission under this section, a registered medical practitioner makes a recommendation for involuntary admission under section 15 (3), a member or members of An Garda Síochána shall bring the person to the registered acute mental health centre specified in the recommendation, or a member of An Garda Síochána shall contact the clinical director of the registered acute mental health centre or a consultant psychiatrist acting on that clinical director’s behalf to arrange for the person to be brought to the registered acute mental health centre by its members of staff or a service provider as soon as practicable but not later than 6 hours after the time the recommendation is made in respect of the person.

(10) The Minister may, after consultation with the Minister for Justice, Home Affairs and Migration and the Commission, make regulations prescribing the procedures to be followed when a member or members of An Garda Síochána perform functions under this section or under section 18 , 39 , 73 , 74 , 83 or 138 .

(11) Where a recommendation for involuntary admission is made by a registered medical practitioner under this section, a copy of the recommendation shall be provided by the registered medical practitioner to the member of An Garda Síochána who is responsible for the person who is taken into custody under subsection (1), or another member on his or her direction, for inclusion in the custody record (within the meaning of Regulation 6 of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)) in respect of the person the subject of the recommendation for involuntary admission.