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DSA

MHA - Police/s135/s136 - Case law

When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.


Reference guide (Chapter 7)

Code of Practice - England (Chapter 16)

s.136, MHA 1983 Patient information leaflet

Police and Criminal Evidence Act 1984 Codes of Practice (external link)

Authorised Professional Practice (inc. Detention and Custody; Mental Health), College of Policing (external link)

Policing and Crime Act 2017


Hewlett v Chief Constable of Hampshire, High Court - Queens Bench Division (Cotter, J), 11th October 2018


Mental Health Act 1983 - changes afoot, Lexology, 4th August 2017


London's section 136 pathway and Health Based Place of Safety specification, Healthy London Partnership, December 2016

Section 136 pathway, Healthy London Partnership, December 2016

Too much detention? Street triage and detentions under Section 136 MHA in the North-East of England, BMJ Open, November 2016

Data on the use of Section 136 - 2015/16 , 2014/15 National Police Chiefs Council, September 2016

Defining a health-based place of safety and crisis assessment sites for young people under 18, Royal College of Psychiatrists, August 2016

Deaths during or following police contact - Statistics for England and Wales 2015/16, IPCC, July 2016 (external link)

Policing and Crime Bill - mental health measures, Home Office, July 2016

Impact Assessment (Mental Health), Policing and Crime Bill, May 2016

Policing and Crime Bill, House of Commons Public Bill Committee, April 2016 (external link)

Street Triage, Report on the evaluation of nine pilot schemes in England, University College London, March 2016

Independent review of deaths and serious incidents in police custody - consultation, February 2016 (external link)

Alternative Place of Safety - The West Sussex Pilot Evaluation 2015, Home Office, October 2015

Right here, right now, CQC, June 2015

s.136 Protocol, National Ambulance Mental Health Group, April 2015

The welfare of vulnerable people in police custody, Her Majesty's Inspectorate of Constabulary, March 2015

Deaths in Mental Health Detention: An investigation framework fit for purpose?, INQUEST, February 2015

Policing and mental health, House of Commons Home Affairs Select Committee, February 2015

Review of Sections 135 and 136, Centre for Mental Health, December 2014

Literature review of Sections 135 and 136, Department of Health, December 2014

Review of the Operation of Sections 135 and 136, Department of Health, December 2014

Gaining access to an adult suspected to be at risk of neglect or abuse, SCIE, October 2014

Use of s.136 in Emergency Departments, College of Emergency Medicine, October 2014

A safer place to be, Care Quality Commission, October 2014

The Bradley Report five years on, Centre for Mental Health, June 2014

Brown, M., Should we change the Mental Health Act 1983 for emergency services?, Journal of Paramedic Practice, May 2014

Mental Health Crisis Care Concordat, Improving outcomes for people experiencing mental health crisis, Department of Health, February 2014

A criminal use of police cells, HMIC/CQC/HIW/HMIP, June 2013

Independent Commission on Mental Health and Policing (Chair: Lord Adebowale), May 2013

Guidance for commissioners: service provision for Section 136 of the Mental Health Act 1983, Royal College of Psychiatrists, April 2013

Guidance on the Safer Detention and Handling of Persons in Police Custody, National Policing Improvement Agency, April 2012

Sections 135 and 136 Good Practice Guidance, Welsh Government, April 2012

Record of removal to a place of safety, Welsh Government, April 2012

Standards on the use of Section 136 of the Mental Health Act 1983 (England and Wales) CR159, Royal College of Psychiatrists, July 2011

Raising standards in relation to Section 136 of the Mental Health Act 1983, Michele Hampson, Advances in psychiatric treatment, 2011

Section 136 of the Mental Health Act: a new literature review, Medicine Science and the Law, 2010

T he Bradley Report - review of people with mental health problems or learning disabilities in the criminal justice system, April 2009

Police Custody as a 'Place of Safety', Docking, M., Grace, K. & Bucke, T., Independent Police Complaints Commission, September 2008

Review of section 136 Mental Health Act, Care Services Improvement Partnership, London Development Centre and MPS, September 2006

Review of assessments on private premises, London Development Centre for Mental Health and MPS, June 2005

Restraint and mental health, Metropolitan Police Service, September 2004

London Development Centre, Pan-London Protocol MHA Assessments on Private Premises, 2004

Report of the independent inquiry into the care and treatment of H, South West Peninsula Strategic Health Authority, September 2003

Standards of Places of Safety under Section 136 of the Mental Health Act 1983, Royal College of Psychiatrists, 1997



Maureen Speck, R (on the application of) v HM Coroner for York, High Court, 12th January 2016

Webley v St George's Hospital NHS Trust & the Metropolitan Police, High Court, 14th February 2014

Commissioner of Police for the Metropolis v ZH, Court of Appeal, 14th February 2013

MS v UK, European Court of Human Rights, 3rd May 2012

R (Sawida Sessay) v South London and Maudsley NHS Foundation Trust, High Court , 13th October 2011

Seal v UK, European Court of Human Rights, 7th December 2010

Syed v Director of Public Prosecutions, High Court, 13th January 2010

Johnston v Chief Constable of Merseyside Police, High Court, 20th November 2009

Ward v Commissioner of Police for the Metropolis and others, House of Lords, 5th May 2005

R (on the application of Anderson and others) v HM Coroner for Inner London North Greater London, Administrative Court, 26th November 2004

R v Rossario Rosso, Court of Appeal, 4th November 2003

Francis v Director of Public Prosecutions, Queen's Bench Division, 29th April 1996

D'Souza v Director of Public Prosecutions, House of Lords, 15th October 1992


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