The Mental Health (Northern Ireland) Order 1986

PART X N.I. OFFENCES

Forgery, false statements, etc. N.I.

119.—(1) Any person who without lawful authority or excuse has in his custody or under his control any document to which this paragraph applies which is, and which he knows or believes to be, false within the meaning of Part I of the [1981 c. 45] Forgery and Counterfeiting Act 1981 shall be guilty of an offence.

(2) Any person who without lawful authority or excuse makes, or has in his custody or under his control, any document so closely resembling a document to which paragraph (1) applies as to be calculated to deceive shall be guilty of an offence.

(3) Paragraph (1) applies to any document purporting to be—

(a) an application under Part II;

(b) any recommendation or report under this Order; and

(c) any other document required or authorised to be made for any of the purposes of this Order.

(4) Any person who—

(a) wilfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorised to be made for any of the purposes of this Order; or

(b) with intent to deceive, makes use of any such entry or statement which he knows to be false,

shall be guilty of an offence.

(5) Any person guilty of an offence under this Article shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.

Unlawful detention of patients N.I.

120.—(1) Any person who knowingly receives and detains otherwise than in accordance with this Order a person suffering from mental disorder shall be guilty of an offence.

(2) Any person who exercises in relation to any patient any power of detention, or any other power conferred on him by or under this Order, after he has knowledge that the power has expired, shall be guilty of an offence.

(3) Any person guilty of an offence under this Article shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.

Ill-treatment of patients N.I.

121.—(1) Any person who, being an officer on the staff of or otherwise employed in a hospital, private hospital or nursing home or being a member of the [F1 Board or a director of the HSS trust managing] a hospital, or a person carrying on a private hospital or nursing home—

(a) ill-treats or wilfully neglects a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or nursing home; or

(b) ill-treats or wilfully neglects, on the premises of which the hospital or nursing home forms part, a patient for the time being receiving such treatment there as an out-patient,

shall be guilty of an offence.

(2) Any individual who ill-treats or wilfully neglects a patient who is for the time being subject to his guardianship under this Order or otherwise in his custody or care (whether by virtue of any legal or moral obligation or otherwise) shall be guilty of an offence.

(3) Any person guilty of an offence under this Article shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine of any amount, or to both.

F1 1994 NI 2

Protection of women suffering from severe mental handicap N.I.

122.—(1) Any person who—

(a) has unlawful sexual intercourse with a woman suffering from severe mental handicap;

(b) procures any woman suffering from severe mental handicap to have unlawful sexual intercourse with men or with any particular man;

(c) causes or encourages the prostitution of any woman suffering from severe mental handicap;

(d) being the owner or occupier of any premises, or having or acting or assisting in, the management or control of any premises, induces or knowingly suffers any woman suffering from severe mental handicap to resort to, or be in or upon, those premises for the purpose of having unlawful sexual intercourse with men or with any particular man; or

(e) with intent that any woman suffering from severe mental handicap should have unlawful sexual intercourse with men or with any particular man, takes or causes to be taken that woman out of the possession of and against the will of her parent or other person having[F2 parental responsibility for or care of] her;

shall, subject to paragraph (2), be guilty of an offence, and liable on conviction on indictment to imprisonment for a term not exceeding two years.

(2) A person shall not be guilty of an offence under paragraph (1) if he proves that he did not know and had not any reason to suspect that the woman in respect of whom he is charged was suffering from severe mental handicap.

(3) Without prejudice to sections 1 and 2 of the [1923 c. 8 (NI)] Criminal Law Amendment Act (Northern Ireland) 1923 (which preclude defences of consent and reasonable belief as to age in relation to certain offences against young persons), it shall not be a defence to any proceedings for an indecent assault upon a woman suffering from severe mental handicap to prove the consent of that woman to the act complained of if the accused knew or had reason to suspect that the woman who gave her consent was suffering from severe mental handicap.

(4) Section 10 of the [1885 c. 69] Criminal Law Amendment Act 1885 (which relates to the issue of search warrants) shall have effect in relation to any woman suffering from severe mental handicap as it has effect in relation to any girl under the age of seventeen years.

Para. (5) rep. by 1989 NI 12

(6) In this Article “woman” includes a girl.

F2 1995 NI 2

Protection of patients N.I.

123.—(1) Without prejudice to Article 122, if—

(a) a man who is—

(i) an officer on the staff of, or is otherwise employed in, a hospital, private hospital or nursing home;

(ii) a member of the[F3 Board or a director of the HSS trust managing] a hospital, or

(iii) a person carrying on a private hospital or nursing home,

has unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder in that hospital or nursing home or has such intercourse on the premises of which the hospital or nursing home forms part with a woman who is for the time being receiving such treatment there as an out-patient; or

(b) a man who is—

(i) the guardian under this Order of a woman suffering from mental disorder or otherwise has such a woman in his custody or care under this Order or the [1972 NI 14] Health and Personal Social Services (Northern Ireland) Order 1972; or

(ii) a member of a Board[F3 or a director of an authorised HSS trust] which is the guardian of such a woman under this Order or otherwise has such a woman in its custody or care under this Order or the Order of 1972,

has unlawful sexual intercourse with that woman,

he shall, subject to paragraph (2), be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years.

(2) A person shall not be guilty of an offence under paragraph (1) if he proves that he did not know and had not any reason to suspect that the woman in respect of whom he is charged was suffering from mental disorder.

(3) In paragraph (1) any reference to having unlawful sexual intercourse with a woman shall include a reference to committing a homosexual act with or in relation to a man and in paragraph (2) the reference to “woman” shall include reference to “man”.

(4) In this Article—

• “woman” includes a girl;

• “man” includes a boy;

• “homosexual act” means buggery with another man, an act of gross indecency with another man or the act of being a party to the commission by a man of such an act.

F3 1994 NI 2

Assisting patients to absent themselves without leave N.I.

124.—(1) Any person who induces or knowingly assists any other person—

(a) being liable under this Order to be detained in a hospital, or being subject to guardianship under this Order, to absent himself without leave; or

(b) being in legal custody by virtue of Article 131 to escape from such custody;

shall be guilty of an offence.

(2) Any person who knowingly harbours a patient who is absent without leave or is otherwise at large and liable to be retaken under this Order, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place where he ought to be, shall be guilty of an offence.

(3) Any person guilty of an offence under this Article shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.

Obstruction N.I.

125.—(1) Any person who without reasonable cause—

(a) refuses to allow the inspection of any premises by a person authorised in that behalf by or under this Order;

(b) refuses to allow the visiting, interviewing or examination of any person by a person so authorised;

(c) refuses to produce for the inspection of any person so authorised any document or record the production of which is duly required by him; or

(d) otherwise obstructs any such person in the exercise of his functions,

shall be guilty of an offence.

(2) Without prejudice to the generality of paragraph (1), any person who insists on being present when requested to withdraw by a person authorised as aforesaid to interview or examine a person in private, shall be guilty of an offence.

(3) Any person guilty of an offence under this Article shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both.

Consent for certain prosecutions N.I.

126.  No proceedings shall be instituted for an offence under Article 120, 121, 122 or 123 except by or with the consent of the Director of Public Prosecutions for Northern Ireland.