Guardianship
A guardian may be appointed for a person over 16 years who suffers from severe mental handicap and who requires supervision in the interest of their welfare. A guardian permits a person to live in the community with minimum interference.
An application for guardianship may be made by a social worker or a relative. The # is presumed to be allowed access to records.
The application must be supported by a medical and a welfare recommendation. In order to be the subject of a guardianship order, the person must be suffering from a mental illness or severe mental handicap of a degree or nature which warrants claim and must be necessary in the interests of the welfare of the person concerned.
A guardian has power to require the person the subject of the order to reside at a particular place. He may require the person to attend for treatment, occupation, education, or training at times and places. He may require access to be given for a doctor or approved social worker or another authorized person to the person concerned.
Guardianship lasts for six months and may be renewed for six months and thereafter annually. A person may be released and discharged by the medical officer or social worker or relative subject to agreement with the medical or welfare officer’s agreement; the person may be released by the Mental Health Review Tribunal. If the detention does not satisfy the above criteria, the mental health tribunal will direct the person to be released.
A person who is charged with or convicted of an offence may be imprisoned and remanded in a hospital pending a report regarding his mental condition. This may be allowed only if satisfied the person concerned has committed the offence or has consented to the exercise of the power.
A person charged with such an offence may be remanded to the hospital for treatment prior to sentence before or during trial. There must be evidence of a psychiatrist appointed under the mental health order that the person concerned is suffering from mental illness or severe mental impairment of the nature or degree which warrants detention in the hospital for medical treatment.
The person remanded or convicted can be remanded to a hospital unless the health authorities have been given the opportunity to make representations in relation to the matter.
A person convicted of an offence for which he may be imprisoned or for which the sentence is not fixed by law may be committed to the care of the Department of Health if he is suffering from a mental illness or severe mental impairment of a nature or degree that warrants detention in the hospital for medical treatment and committed for psychiatric care and treatment as to more suitable means of dealing with this matter. This is a hospital order. A restriction order can be made to restrict and discharge from the hospital if this is necessary to protect the public from serious harm.
A court may place a person with the guardianship of a health authority, or the person approved by the authority who has been convicted of an imprisonable offence. This is a guardianship order.
Where a person charged with a criminal offence is not fit for trial, he is subject to an order equivalent to a hospital order and restriction order with a time limitation. This helps or occurs where a person is found not guilty on the ground of insanity.
The PSNI have a role in relation to intervening in the case of persons with mental disorders. Where a police officer finds a person in a public place who appears to be suffering from a mental disorder and in immediate need of care and control, that person may be removed to a place of safety if the officer thinks it necessary in the interests of the person for the protection of others.
The removed person may be detained up to 48 hours to allow an examination by a doctor and approved social welfare and to allow arrangements for care and treatment at a hospital or other place willing to temporarily receive such a person, including a police station or other suitable place as a place of safety. The police officer must inform the person residing with the person concerned, and it’s not the same if the nearest relative of the person concerned if he or she has been moved to a place of safety.
A magistrate or justice of the peace on complaint made by an officer of the health board or trust or a police officer may issue a warrant. The warrant authorizes the police or the persons who are determined to search for and detain the patient at a place of safety for up to 48 hours.
A warrant may be issued or there has been a completed application for admission to a hospital for assessment under the mental health inquire patient has absconded or is at large and may be at any particular premises then inquire the reasons to believe that the person concerned has been or is being ill-treated, neglected or kept under under improper control and unable to care for himself.
If a warrant has been issued other than to the police, they may request the police to assist them. The warrant permits entry onto premises by force if necessary and the taking and transmission of the patient to the hospital.