Mental Heath

Question 1

section 135 (1)

Answer 1

warrant gives officers the right to:

• Enter the premises, with force if necessary
• To remain, even if asked to leave
• To search the premises for the person
  suspected to be suffering from mental
  disorder
• To remove to a place of safety
  (if risks cannot be controlled in the property)

Question 2

Section 135 (2)

Answer 2

Warrant gives officers the right to:

• Enter the premises, with force if necessary
• Search the premises for the patient
• Remove the patient so they can be taken to, or returned to, where they ought to be.

Unlike a s135 (1) warrant, a police officer can apply to a magistrate to obtain this warrant as well as an AMP or a
MH professional/member of staff authorised by the hospital.
In a situation where there are immediate concerns about a patient and a MH professional is not available it may be more expedient for the police to apply for this warrant.

Question 3

Section 136

Answer 3

S136 is an emergency power which allows a constable
to remove a person to a place of safety (or keep
him/her at a place of safety), if the person appears to
a police officer to be suffering from mental disorder
and to be in immediate need of care or control, if the
police officer believes it necessary in the interests of
that person or for the protection of others. The person
should then receive a mental health assessment and
any necessary arrangements should be made for their
on going care.