Policing.uk

Warrant to Retake Patients from Places of Safety

Mental Health Act 1983, s.135(2)

  • Warrant: Yes
  • Force: Yes
  • Notice: No

A justice of the peace may issue a warrant authorising a constable to enter premises, by force if necessary, to retake a patient who is liable to be detained and who is being kept away from the hospital or place where they should reside. This provision is distinct from s.135(1) which deals with persons not yet detained. Section 135(2) is used where a patient who is already subject to the Act has been removed or is being harboured.

Conditions

  • A justice of the peace must issue the warrant on sworn information from a constable
  • The patient must be liable to be detained under the Act or subject to guardianship
  • There must be reasonable cause to believe the patient is being kept at specific premises

Limitations

  • The warrant must specify the premises to be entered
  • The constable must be accompanied by a registered medical practitioner if practicable
  • The patient must be taken to the hospital or place where they are liable to be detained

Last updated 24 September 2026