Policing.uk

Section 136

  • Mental health

A power under section 136 of the Mental Health Act 1983 allowing a constable to remove a person from any place to which the public has access (extended to any place other than a private dwelling since the Policing and Crime Act 2017. For persons in private dwellings, a separate power under section 135 (warrant) is required) if the officer believes the person to be suffering from a mental disorder and to be in immediate need of care or control.

In practice

Following removal, the person must be taken to a place of safety for assessment. The power does not require a warrant if the person is in a public place. It is not an arrest and should not be recorded as one. The use of section 136 by police is monitored by NHS England and subject to local data sharing agreements between forces and health services.

Last updated 12 October 2026