Mental Health Act 20266

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Request for application for recommendation for involuntary admission where made to authorised officer

12. (1) Subject to subsection (3), where a person reasonably believes that another person (other than a child) has a mental disorder that fulfils the criteria for involuntary admission, the first-mentioned person (in this Part referred to as a “requester”) may—

(a) request an authorised officer, or

(b) request the Executive to nominate an authorised officer,

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

(2) A person shall be disqualified from making a request for an application for a recommendation for involuntary admission where he or she—

(a) is a child,

(b) has an interest in the payments (if any) to be made in respect of the taking care of the person concerned in the registered acute mental health centre concerned,

(c) is a spouse of the person, the subject of the application—

(i) who is living separately and apart from the person concerned, or

(ii) in respect of whom—

(I) an application for an order has been made but not yet determined under the Act of 2018, or

(II) an order has been made under the Act of 2018,

or

(d) is a spouse or relative of any of the persons specified in paragraph (b).

(3) A person who, for the purposes of or in relation to a request for an application for a recommendation for involuntary admission, makes any statement which is to his or her knowledge false or misleading in any material particular shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(4) A request for an application for a recommendation for involuntary admission shall be made in the form and manner specified by the Commission.