Patients can be transferred between places of safety under s135 and s136

MHA 1983 s135 and s136 are amended to allow a person to be moved from the original place of safety to another (more suitable) place during the 72 hours' detention. Previously this was not possible.

Home Office Circular 7/2008 relates to the use of police stations as places of safety under s135 and s135 - 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.

Extract from Explanatory Notes

Section 44: Places of safety

173. Under section 135(1) of the 1983 Act, the police can, on the authority of a magistrate, enter premises and remove to a place of safety a person who is thought to have a mental disorder and who has been or is being ill-treated or neglected or, if living alone, is unable to care for himself. Under section 136 of the 1983 Act, the police can remove from a public place to a place of safety a person who appears to have a mental disorder and to need immediate help. In both instances, the person can be detained at the place of safety for up to 72 hours. Section 44 amends sections 135 and 136 of the 1983 Act to enable a person detained at a place of safety to be transferred to another one, subject to the overall time limit for detention of 72 hours. A place of safety for this purpose is defined in section 135(6) of the 1983 Act and includes a hospital, a care home and a police station.

Commencement

Date in forceCommencement orderMHA 2007 sectionMHA 1983 sections affected
30/4/05 Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008 44 s135, s136

Resources

Mental Health Act 2007 Explanatory Notes - page 32

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

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