Mental Health

Question 1

What is Mental Health?

Answer 1

Defined in S1 Mental Health Act 1983:

Any disorder or disability of the mind includes a brain injury

Question 2

What is section 136 of Mental Health Act 1983?

Answer 2

If a police officer finds in a public place, a person who appears to be suffering from mental disorder, and to be in immediate need of care or control, a police officer may remove that person to a place of safety, if it is necessary to do so in the interests of that person, or for the protection of other persons.

Question 3

If a juvenile is suffering from mental health, can they be taken to a police station?

Answer 3

No a juvenile suffering from mental health must never be taken to a police station.

Question 4

What is a place of safety?

Answer 4

Ideally hospital however a police station or custody suite can be used as a place of safety as well if for example the prisoner is extremely violent and can not be taken to the hospital

Question 5

What is S135 MHA 1983?

Answer 5

If a Constable believes that a person who is suffering mental disorder is within a property, a warrant under section 135 (1) MHA can be applied for.
To prevent an increase in violence or self harm etc

To effect entry officer must be accompanied by Authorised Mental Health Practitioner.

Warrant under S135 (2) gives officers power of entry, restrain the individual, remove to place of safety etc

Person may be removed to place of safety or detained for up to 24 hours.

If other persons present as address and are causing obstruction, they are guilty of an offence under S129 MHA