Mental Health

Question 1

Section 136 MHA – Power to Remove a Mentally Disordered Person Without Warrant

Answer 1

Section 136 MHA – Power to Remove a Mentally Disordered Person Without Warrant

Under section 136 MHA 1983, if a person appears to be suffering from a mental disorder and in immediate need of care or control, a constable may, if they think it’s necessary to do so in the interests of that person or for the protection of others, remove the person to a place of safety or, keep the person at a safe place.

Section 136(1A) allows this power to be exercised in any public or private place other than:

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a house.

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flat or room where that person, or another person lives.

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any yard.

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garden garage or outhouse that is used in connection with the house, flat or room, other than one used in connection with one or more houses, flats or rooms.