112Seizure

112 Seizure

(1)  An authorised person who is carrying out a search under section 111 may seize any one or more of the following:

(a) anything found (whether in or under a person's possession or control or not) that in the reasonable opinion of the authorised person places, or could place, the management, good order or security of the SMHU or the safety of persons in the SMHU in jeopardy;

(b) [Section 112 Subsection (1) amended by No. 4 of 2023, s. 115, Applied:25 Sep 2023] anything found on a patient or in or under a patient's possession or control (other than a thing that the patient is authorised to wear or possess or control under this Part, the regulations or standing orders or by the controlling authority);

(c) [Section 112 Subsection (1) amended by No. 4 of 2023, s. 115, Applied:25 Sep 2023] anything that in the reasonable opinion of the authorised person places, or could place, the management, good order or security of the SMHU or the safety of persons in the SMHU in jeopardy (even if it is something that the patient is authorised to wear or possess or control under this Part, the regulations or standing orders or by the controlling authority).

(2)  An authorised person who seizes anything under subsection (1) is to inform the search authority of the seizure forthwith.

(3)  The search authority is to ensure that –

(a) anything seized from a visitor or SMHU staff member under this section is returned to that visitor or staff member when he or she leaves the SMHU; or

(b) anything seized from a patient under this section is, on the discharge of the patient from the SMHU, returned to or given into the custody of the patient, the Director, the Secretary (Youth Justice) or the controlling authority of an approved hospital, as appropriate.

(4)  However, subsection (3) does not apply if the thing seized is an illicit drug, illicit weapon or other illicit thing.

(5)  If the thing seized is an illicit drug, illicit weapon or other illicit thing –