MHA 1983 s135

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part X contents

130A, 130B, 130C, 130D, 130E, 130F, 130G, 130H, 130I, 130J, 130K, 130L, 131, 131A, 132, 132A, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 142A, 142B, 143, 144, 145, 146, 147, 148, 149

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Changes made by Mental Health Act 2007

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.

  • R (Sessay) v South London and Maudsley NHS Foundation Trust [2011] EWHC 2617 (QB) — The police entered the claimant's private accommodation, unaccompanied and without a s135 warrant, purporting to be acting under ss5-6 MCA 2005 in her best interests; she was taken to hospital and, after a 13-hour delay in the s136 suite, detained under s2 MHA 1983. (1) Sections 135 and 136 MHA 1983 are the exclusive powers available to police officers to remove persons who appear to be mentally disordered to a place of safety. Sections 5 and 6 MCA 2005 do not confer on police officers authority to remove persons to hospital or other places of safety for the purposes set out in sections 135 and 136. (2) The MHA provides a complete statutory code for compulsory admission to hospital for non-compliant incapacitated patients, so the common law doctrine of necessity does not apply during the period in which a patient is being assessed for detention under the Act. If there is urgent necessity to detain then the s4 procedure should be followed; ..→
  • R v Rosso (Rosario) [2003] EWCA Crim 3242 — (1) The police had been entitled to force entry into a hotel room in order to detain the defendant pursuant to an application under s2; no warrant under s135 was required as they had the owners' permission and the defendant had no right to deny them entry; therefore the appeal against conviction was refused; (2) the appeal against the restriction order was also refused.
  • Ward v Commissioner of Police for the Metropolis [2005] UKHL 32 — Mental disorder — Place of safety order — Validity of detention — Warrant naming health professionals to accompany constable — Named persons absent when warrant executed — Whether warrant and execution valid — Whether power in magistrate to specify names — Mental Health Act 1983 (as amended by Police and Criminal Evidence Act 1984, s 119(1)(2), Sch 7, Pt I), s 135(1). A condition imposed by a magistrate issuing a warrant under s135 of the Mental Health Act 1983 specifying named persons to accompany the constable executing the warrant had been invalid.

See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Notes

Home Office Circular 7/2008 relates to the use of police stations as places of safety under s136, and also under this section - the use of police stations is deprecated except in exceptional circumstances involving the risk of serious harm posed by the person to himself or healthcare workers. New subsections (3A) and (3B) allow a person to be moved from the original place of safety to another (more suitable) place.

External links

Home Office Circular 7/2008: The Use Of Police Stations As Places Of Safety Under Section 136 Of The Mental Health Act 1983

Law

Warrant to search for and remove patients

135.—(1) If it appears to a justice of the peace, on information on oath laid by an [approved mental health professional],[1] that there is reasonable cause to suspect that a person believed to be suffering from mental disorder—

(a) has been, or is being, ill-treated, neglected or kept otherwise than under proper control, in any place within the jurisdiction of the justice, or
(b) being unable to care for himself, is living alone in any such place,

the justice may issue a warrant authorising any constable [...][2] to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him to a place of safety with a view to the making of an application in respect of him under Part II of this Act, or of other arrangements for his treatment or care.

(2) If it appears to a justice of the peace, on information on oath laid by any constable or other person who is authorised by or under this Act or under [article 8 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005][3] to take a patient to any place, or to take into custody or retake a patient who is liable under this Act or under the said [article 8][3] to be so taken or retaken—

(a) that there is reasonable cause to believe that the patient is to be found on premises within the jurisdiction of the justice; and
(b) that admission to the premises has been refused or that a refusal of such admission is apprehended,

the justice may issue a warrant authorising any constable [...][2] to enter the premises, if need be by force, and remove the patient.

(3) A patient who is removed to a place of safety in the execution of a warrant issued under this section may be detained there for a period not exceeding 72 hours.

[(3A) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (3) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

(3B) A person taken to a place of safety under subsection (3A) above may be detained there for a period ending no later than the end of the period of 72 hours mentioned in subsection (3) above.][4]

(4) In the execution of a warrant issued under subsection (1) above, [a constable][2] shall be accompanied by an [approved mental health professional][1] and by a registered medical practitioner, and in the execution of a warrant issued under subsection (2) above [a constable][2] may be accompanied—

(a) by a registered medical practitioner;
(b) by any person authorised by or under this Act or under [article 8 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005][3] to take or retake the patient.

(5) It shall not be necessary in any information or warrant under subsection (1) above to name the patient concerned.

(6) In this section "place of safety" means residential accommodation provided by a local social services authority under Part III of the National Assistance Act 1948 [...],[5] a hospital as defined by this Act, a police station, [an independent hospital or care home][6] for mentally disordered persons or any other suitable place the occupier of which is willing temporarily to receive the patient.

Amendments

  1. 1.0 1.1 Mental Health Act 2007 s21 & sch 2; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 (England), Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 (Wales), wef 3/11/08
  2. 2.0 2.1 2.2 2.3 Police And Criminal Evidence Act 1984
  3. 3.0 3.1 3.2 Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005
  4. Mental Health Act 2007 s44; Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008 wef 30/4/08. NB the transitional provision in the Order: until 3/11/08, AMHP is taken to mean ASW.
  5. NHS and Community Care Act 1990
  6. Care Standards Act 2000