What is a section 136 and what rights do I have if police use it?

Section 136 of the Mental Health Act 1983 gives police officers the power to remove a person from a place to which the public has access if they appear to be suffering from a mental disorder and to be in need of immediate care or control. The purpose is to take the person to a place of safety so that they can be assessed by an approved mental health professional and a doctor.

The power does not require a warrant and applies wherever the officer finds a person who appears to meet the criteria. A person detained under section 136 has not committed any offence and is not under arrest. Section 136 is a civil power to ensure a vulnerable person reaches appropriate care.

Before the Policing and Crime Act 2017 amendments, police stations could routinely be used as places of safety. This has now effectively ended. For persons under 18, a police station can never be used as a place of safety in any circumstances. For adults, a police station can only be used in exceptional circumstances where no other suitable place of safety is available. Adults must ordinarily be taken to a healthcare facility or another appropriate place.

The initial period of detention under section 136 is 24 hours, which can be extended by a further 12 hours (to a maximum of 36 hours) by a doctor or approved mental health professional if assessment has not been completed. The person must be assessed as soon as practicable.

While detained, the person has the right to have a person of their choice notified of their detention, the right to consult a legal representative, and the right to be told why they have been detained. The responsible clinician has a duty to ensure the person is not subjected to treatment without their consent except in an emergency.

Key Points

• Section 136 allows police to detain a person in a public place who appears to have a mental disorder and needs immediate care
• It is a civil power: the person has not committed an offence and is not under arrest
• The person must be taken to a place of safety, which must now be a healthcare setting for adults
• Police stations can no longer routinely be used as places of safety for adults
• Detention lasts up to 24 hours, extendable to 36 hours if assessment cannot be completed
• The person has the right to be told why they are detained and to have someone informed
• An approved mental health professional and a doctor must assess the person as soon as practicable
• Treatment cannot be given without consent except in an emergency