(1) This section
applies if —
(a) a
person has lawful charge of a person who has, or is reasonably suspected of
having, a mental illness while that person is at a particular place; and
(b) the
person who has, or is reasonably suspected of having, a mental illness does
not have the capacity to decide whether or not to withdraw himself or herself
from that lawful charge.
(2) No civil or
criminal liability is incurred because the person who has that lawful charge
in good faith detains, or continues the detention of, the person who has, or
is reasonably suspected of having, a mental illness in order to prevent that
person from leaving the particular place.
(3) The protection
given by subsection (2) does not apply if the person who has lawful charge of
the person who has, or is reasonably suspected of having, a mental illness
uses bodily restraint to prevent that person from leaving the particular
place.
(4) For subsection
(3), the bodily restraint of a person is the physical restraint or mechanical
restraint, within the meaning of those terms in section 227(2) to (6), of the
person.