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Section 136 vs section 135
Section 136 versus Section 135
Both powers under the Mental Health Act 1983 allow police to remove a person to a place of safety for a mental health assessment, but they apply in different circumstances and require different procedural steps.
Side by side
| Section 136 | Section 135 | |
|---|---|---|
| Location where power applies | Any place (extended from public place to all places including private dwellings since the Policing and Crime Act 2017) | Section 135(1): any premises (private dwellings); section 135(2): any place (for absent without leave patients) |
| Warrant required | No warrant required when the person is in a public or accessible place | Yes: a magistrate must grant a warrant on application by an approved mental health professional |
| Who can exercise the power | Any constable | Any constable (on foot of a warrant); the AMHP and doctor should accompany where practicable |
| Threshold | Constable believes the person appears to have a mental disorder and is in immediate need of care or control | Magistrate must be satisfied there is reasonable cause to suspect the person is suffering from a mental disorder and being ill-treated, neglected, or unable to care for themselves |
| Maximum detention period | 24 hours, extendable by up to 12 hours by a registered medical practitioner or approved clinician | 24 hours, extendable by up to 12 hours (same as section 136) |
| Use at private premises | Since the Policing and Crime Act 2017 a section 136 may be used at a private dwelling, though entry requires a separate power or consent | Section 135(1) specifically authorises entry to private premises to remove the person |
| Outcome | Assessment by an approved mental health professional and a registered medical practitioner at a place of safety | Same assessment outcome at a place of safety |
Which applies
Section 136 is the day-to-day power used on the street. Section 135 requires advance planning: obtaining a warrant from a magistrate, coordinating with the approved mental health professional and a doctor, and attending together. It is used where a person cannot be accessed voluntarily and there is genuine concern about their welfare in a private address. The Policing and Crime Act 2017 significantly changed these powers, including restricting the use of police custody as a place of safety for adults and prohibiting it entirely for under-18s.
Last updated 24 September 2026