{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-297",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-297.json",
  "legislation": "asp/2003/13",
  "legislation_title": "Mental Health (Care and Treatment) (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003",
  "path": "section/297",
  "kind": "section",
  "number": "297",
  "heading": "Removal from public place",
  "text": "(1) Where—\n(a) a constable reasonably suspects—\n(i) that a person (referred to in this section and in section 298 of this Act as a “relevant person”) who is in a public place has a mental disorder; and\n(ii) that the relevant person is in immediate need of care or treatment; and\n(b) the constable considers that it would be in the interests of the relevant person, or necessary for the protection of any other person, to remove the relevant person to a place of safety,\nthe constable may remove the relevant person to a place of safety.\n(2) A relevant person removed to a place of safety under subsection (1) above may, for the purposes of enabling—\n(a) arrangements to be made for a medical practitioner to carry out a medical examination of the relevant person; and\n(b) the making of such arrangements as the medical practitioner considers necessary for the relevant person’s care or treatment,\nbe detained there for a period ending not later than 24 hours after the time at which the relevant person is removed from the public place by the constable.\n(3) If a relevant person absconds—\n(a) while being removed to a place of safety under subsection (1) above; or\n(b) from the place of safety,\na constable may, at any time during the period mentioned in subsection (2) above, take the person into custody and remove the person to a place of safety.\n(4) In this section, “public place” means a place to which the public, or any section of the public, has, or is permitted to have, access (whether on payment or otherwise); and includes the common parts of a building containing two or more separate dwellings.\n(5) If no place of safety is immediately available, a constable may, under subsection (1) or (3) above, remove a relevant person to a police station; and in any such case, any reference in this section and in section 298 of this Act to a place of safety shall be construed as being a reference to a police station.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 297 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/13/section/297",
    "retrieved_at": "2026-10-29T20:16:46.625109+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}