Mental Health Act 2001

Bodily restraint and seclusion.

69

69.—(1) A person shall not place a patient in seclusion or apply mechanical means of bodily restraint to the patient unless such seclusion or restraint is determined, in accordance with the rules made under subsection (2), to be necessary for the purposes of treatment or to prevent the patient from injuring himself or herself or others and unless the seclusion or restraint complies with such rules.

(2) The Commission shall make rules providing for the use of seclusion and mechanical means of bodily restraint on a patient.

(3) A person who contravenes this section or a rule made under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(4) In this section “patient” includes—

(a) a child in respect of whom an order under section 25 is in force, and

(b) a voluntary patient.

Annotations

Editorial Notes:

E23

The Euro equivalent of £1,5000 mentioned in subs. (3) is €1,905. This translates into a Class C fine as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010. A class C fine is not greater than €2,500.