Mental Health Act 2016
sec.390Power to search on admission or entry
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sec.390 Power to search on admission or entry
On the patient’s admission to, or entry into, the service, an authorised security officer may, for detecting harmful things— carry out a general search, scanning search or personal search of the patient; and if the administrator of the service gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and carry out a search of the patient’s possessions. The administrator of the service may give approval under subsection (1) (b) if the administrator believes a search requiring the removal of clothing is necessary in the circumstances. A search under this section may be carried out without the patient’s consent. However, before carrying out a search under this section, the authorised security officer must tell the patient the reasons for the search and how it is to be carried out. An authorised security officer may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances. (sec.390-ssec.1) On the patient’s admission to, or entry into, the service, an authorised security officer may, for detecting harmful things— carry out a general search, scanning search or personal search of the patient; and if the administrator of the service gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and carry out a search of the patient’s possessions. (sec.390-ssec.2) The administrator of the service may give approval under subsection (1) (b) if the administrator believes a search requiring the removal of clothing is necessary in the circumstances. (sec.390-ssec.3) A search under this section may be carried out without the patient’s consent. (sec.390-ssec.4) However, before carrying out a search under this section, the authorised security officer must tell the patient the reasons for the search and how it is to be carried out. (sec.390-ssec.5) An authorised security officer may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.
- (a) carry out a general search, scanning search or personal search of the patient; and
- (b) if the administrator of the service gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and
- (c) carry out a search of the patient’s possessions.