What additional rights and protections do I have when dealing with police if I have a mental health condition?

The law and College of Policing guidance recognise that people with mental health conditions may require additional care and safeguards when dealing with police. These protections apply at every stage: in the street, on arrest, during detention, and in interview.

At the police station, PACE Code C requires the custody officer to identify any medical or mental health conditions during the initial risk assessment. Where a detainee appears to be suffering from a mental disorder within the meaning of the Mental Health Act 1983, they are classified as a vulnerable person. In these cases, an appropriate adult must be present for any interview, and the custody officer should arrange for a healthcare professional (typically a custody nurse or forensic physician) to assess the detainee.

The right to an appropriate adult is important. The appropriate adult's role is to ensure the detainee understands what is happening, to facilitate communication, and to observe that procedures are conducted properly. The appropriate adult is not the same as a solicitor: both should be present during any interview.

No interview should take place with a mentally vulnerable person until an appropriate adult is present. If there is doubt about a person's capacity or fitness to be interviewed, a healthcare professional should be consulted and, if necessary, the interview should be postponed.

In the community, officers are encouraged to use the Mental Health Act 1983 section 136 power where appropriate to take a person in mental health crisis to a place of safety rather than arresting them for public order offences. The "Right Care, Right Person" approach, being rolled out across forces, aims to ensure that responses to mental health crises are led by health professionals rather than police wherever possible.

If you believe you or someone you know was not properly supported because of a mental health condition, you can complain to the force or to the IOPC.

Key Points

• Custody officers must identify mental health conditions during the initial risk assessment
• A person with a mental health condition is classified as vulnerable under PACE Code C
• An appropriate adult must be present for any interview with a mentally vulnerable person
• A healthcare professional should assess any detainee with apparent mental health needs
• No interview should take place until an appropriate adult is present for a mentally vulnerable person
• Section 136 of the Mental Health Act can be used to take a person in crisis to a healthcare setting rather than arresting them
• The "Right Care, Right Person" approach aims to divert mental health responses away from police
• You have the right to complain if mental health needs were not properly addressed during an encounter