Mental Health Act 2007 No 8
18 When a person may be detained in mental health facility
(1) A person may be detained in a declared mental health facility in the following circumstances—(a) on a mental health certificate given by a medical practitioner or accredited person (see section 19),(b) after being brought to the facility by an ambulance officer (see section 20),(c) after being apprehended by a police officer (see section 22),(d) after an order for an examination and an examination or observation by a medical practitioner or accredited person (see section 23),(e) on the order of a Magistrate or bail officer (see section 24),(f) after a transfer from another health facility (see section 25),(g) on a written request made to the authorised medical officer by a designated carer, the principal care provider, a relative or friend of the person (see section 26).(2) A person may be detained, under a provision of this Part, in a health facility that is not a declared mental health facility if it is necessary to do so to provide medical treatment or care to the person for a condition or illness other than a mental illness or other mental condition.(3) In this Act, a reference to taking to and detaining in a mental health facility includes, in relation to a person who is at a mental health facility, but not detained in the mental health facility in accordance with this Act, the detaining of the person in the mental health facility.Note.A person taken to and detained in a mental health facility must be provided with certain information, including a statement of the person’s rights (see section 74).