Mental Health Act 20266

Bringing of persons to registered acute mental health centre

18. (1) Subject to subsection (2), where a recommendation for involuntary admission is made in relation to a person, the requester or direct applicant, as the case may be, shall arrange for the person the subject of the recommendation to be brought to the registered acute mental health centre specified in the recommendation as soon as practicable after the time the recommendation is made in respect of the person.

(2) Where the requester, or direct applicant, as the case may be, is unable to arrange for the person, the subject of the recommendation for involuntary admission, to be brought to the registered acute mental health centre in accordance with subsection (1), the requester or direct applicant, as the case may be, or the registered medical practitioner who made the recommendation shall request—

(a) the clinical director of the registered acute mental health centre specified in the recommendation, or

(b) a consultant psychiatrist acting on that clinical director’s behalf,

to arrange for the person concerned to be brought to the registered acute mental health centre.

(3) A person referred to in subsection (2)(a) or (b) shall arrange for the person, the subject of the recommendation for involuntary admission, to be brought to the registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable.

(4) A person referred to in subsection (2)(a) or (b) may request a member of An Garda Síochána to assist in bringing the person the subject of the recommendation for involuntary admission to the registered acute mental health centre where—

(a) the person referred to in subsection (2)(a) or (b), and

(b) the registered medical practitioner who made the recommendation for involuntary admission,

are of the opinion that such assistance is necessary to protect the health of the person or other persons from the threat of immediate and serious harm.

(5) Where a request is made to An Garda Síochána under subsection (4), a member or members of An Garda Síochána—

(a) shall comply with that request as soon as practicable, and

(b) may—

(i) enter if needs be by force any dwelling or other premises or any place if the member has reasonable cause to believe that the person concerned is to be found there, and

(ii) take all reasonable measures necessary to bring the person the subject of the recommendation to the registered acute mental health centre including the detention or restraint of the person concerned.

(6) A member of An Garda Síochána who under subsection (5)(b)(ii) detains or restrains a person the subject of a recommendation shall cease the detention or restraint immediately upon the detention or restraint no longer being necessary, in the opinion of the member of An Garda Síochána applying the restraint, in order to protect the health of the person or other persons from the threat of immediate and serious harm.