Removal from Public Place to Place of Safety

Mental Health Act 1983, s.136

Warrant: No
Force: Yes
Notice: No

Allows a constable to remove a person who appears to be suffering from a mental disorder and to be in immediate need of care or control from a place to which the public have access (excluding private dwellings) to a place of safety. As amended by the Policing and Crime Act 2017: s.136(1B) authorises a constable to enter any place where the power may be exercised, if need be by force, except a private dwelling.

Conditions

Person must be in a place to which the public have access (not a private dwelling, per s.136(1A))
Constable must reasonably think the person is suffering from a mental disorder
Constable must reasonably think removal is necessary in the interests of the person or for the protection of others

Limitations

s.136(1B) authorises entry to non-dwelling places if need be by force, but does NOT authorise entry to private dwellings (s.135 warrant required for that)
Since the Policing and Crime Act 2017, a police station may not be used as a place of safety for those under 18 in any circumstances, and for adults only in exceptional circumstances
The purpose is to convey to a place of safety for assessment: it is not a power of arrest

Last updated 24 September 2026