Psychiatrist clarifies police powers under mental health amendment bill

Psychiatrist clarifies police powers under mental health amendment bill

Dr Hazli Zakaria says the bill does not give the police the discretion to determine who is or is not mentally unstable.

A bill to amend the Mental Health Act 2001 (Act 615) was tabled for first reading in the Dewan Rakyat by law and institutional reform minister Azalina Othman Said on Tuesday.
PETALING JAYA:
A psychiatrist who took part in the drafting of the Mental Health (Amendment) Bill 2023 says the proposed law does not allow policemen to determine the mental health of a person who attempts suicide, contrary to news reports.

Former Malaysian Psychiatrist Association president Dr Hazli Zakaria told FMT the proposed amendment did not give the police the discretion to decide who was, or was not, mentally unstable.

On Tuesday, a bill to amend the Mental Health Act 2001 (Act 615) was tabled for first reading in the Dewan Rakyat by law and institutional reform minister Azalina Othman Said.

Bernama reported that the bill allowed crisis intervention officers to apprehend any person who attempted suicide, and to apprehend any person whom they had reason to believe was mentally unstable and could pose a danger to themselves, other persons or property.

Dr Hazli Zakaria.

The officers mentioned included police officers, social welfare department officers and members of the Malaysian Civil Defence Force.

Hazli said the main work of these officers would be to apprehend those who attempted suicide and bring them in for assessment and treatment.

“They (the police) are not supposed to assess if a person has a mental illness or not. That is not the role of this crisis intervention, it’s just to act on suicide attempts, apprehend them and bring them in for assessments,” he said.

He said that under the Mental Health Act 2001, people who had been apprehended for attempting suicide were first placed in a police lock-up.

“Only two agencies – the police and social welfare officers – have the power to apprehend them,” he said.

Befrienders Kuala Lumpur publicity director Ardy Ayadali said the intention of the bill was “to help, not punish”.

“The Mental Health Act will also empower first responders to admit persons who attempt suicide into a psychiatric hospital.

“The police will have the power, under this new law, to intervene in a suicide attempt and bring the person to a hospital for medical care,” Ardy told FMT.

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