Warrant to Enter Premises and Remove Person

Mental Health Act 1983, s.135

Warrant: Yes
Force: Yes
Notice: No

A justice of the peace may issue a warrant authorising a constable, accompanied by a registered medical practitioner and an approved mental health professional, to enter premises by force and remove a person to a place of safety. The section has two sub-sections: s.135(1) covers persons believed to be suffering from a mental disorder living alone and unable to care for themselves, and s.135(2) covers recall of detained patients.

Conditions

s.135(1): an approved mental health professional must provide information on oath to a justice of the peace
The AMHP must have reasonable cause to suspect the person is suffering from a mental disorder and has been ill-treated, neglected, kept otherwise than under proper control, or is living alone and unable to care for themselves
The constable executing the warrant must be accompanied by an AMHP and a registered medical practitioner

Limitations

The warrant is specific to named premises
The constable cannot enter alone: the AMHP and doctor must accompany
After removal, the person must be assessed within the period of detention
The purpose is assessment, not indefinite detention

Last updated 1 April 2026