PART 15SUPPLEMENTARY
Warrants
I1292Warrants
1
This section applies if it appears to a lay magistrate, on complaint on oath made by an officer of an HSC trust or a constable—
a
that there is reasonable cause to believe that a relevant person is to be found on any premises;
b
that admission to the premises has been refused or that a refusal of such admission is apprehended; and
c
that it is reasonable in the circumstances to issue a warrant.
2
The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.
3
A constable executing a warrant under subsection (2) may be accompanied by an approved social worker (as well as a medical practitioner).
4
It is not necessary to name the relevant person in any complaint or warrant under this section.
5
In this section “relevant person” means a person who—
a
by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty; and
b
is, by virtue of this Act, to be taken to that place.
293Warrants: persons liable to be detained under 1983 Act or 2005 Order
1
This section applies if it appears to a lay magistrate, on complaint on oath made by an authorised person—
a
that there is reasonable cause to believe that a person who may be taken into custody by virtue of a provision mentioned in subsection (3)(a) or (b) (a “relevant person”) is to be found on any premises, and
b
that admission to the premises has been refused or that a refusal of such admission is apprehended.
2
The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.
3
In this section “authorised person” means a person authorised by or under—
a
section 88 of the Mental Health Act 1983, or
b
article 8 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005,
to take any relevant person into custody in Northern Ireland.