MHA 1983 s136

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part X contents

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

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Overview of the MHA 1983
Plain text for printing
Legislation.gov.uk

This section allows a constable to remove an apparently mentally disordered person from a public place to a place of safety for up to 72 hours for the specified purposes. The place of safety could be a police station or hospital (often a special s136 suite).

Law

[Removal etc of mentally disordered persons without a warrant]

136.—[(1)If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—

(a) remove the person to a place of safety within the meaning of section 135, or

(b) if the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety.

(1A) The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place, other than—

(a) any house, flat or room where that person, or any other person, is living, or

(b) any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than one that is also used in connection with one or more other houses, flats or rooms.

(1B) For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force.

(1C) Before deciding to remove a person to, or to keep a person at, a place of safety under subsection (1), the constable must, if it is practicable to do so, consult—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an approved mental health professional, or

(d) a person of a description specified in regulations made by the Secretary of State.]

(2) A person [removed to, or kept at,] a place of safety under this section may be detained there for a period not exceeding [the permitted period of detention] for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an [approved mental health professional] and of making any necessary arrangements for his treatment or care.

[(2A) In subsection (2), “the permitted period of detention” means—

(a) the period of 24 hours beginning with—

(i) in a case where the person is removed to a place of safety, the time when the person arrives at that place;

(ii) in a case where the person is kept at a place of safety, the time when the constable decides to keep the person at that place; or

(b)where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.]

[(3) 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 permitted period of detention] mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

(4) A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of [the permitted period of detention] mentioned in that subsection.]

[(5) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station, and the keeping of persons at a police station, under this section.]

Amendments

Last updated: 9/2/18

Home Office Circular 7/2008 on the subject of places of safety for mentally disordered people

1. It is widely recognised that a police station is not a suitable place of safety for detaining persons under section 136 of the Mental Health Act 1983, save for exceptional circumstances involving the risk or threat of serious harm posed by the person to themselves or those tasked with looking after their healthcare needs.

2. This position is recognised by two legislative changes:

• section 44 of the Mental Health Act 2007 commences with effect from 30 April 2008 and allows the transfer from one place of safety to another before assessment has been carried (The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008 S.I 2008/800 http://www.opsi.gov.uk/si/si2008/uksi_20080800_en_1) and;

• proposed revision of the Mental Health Act 1983 Code of Practice. The Code provides guidance to those with responsibilities under the 1983 Act on how they should proceed when undertaking duties under the Act. The draft Code was issued for consultation in October 2007 and has been revised in the light of that process. The revised Code is due for publication shortly with a proposed implementation date of the Autumn 2008. Details will be circulated separately when the draft Code is published.

3. The contents of this Circular bring these important changes to the attention of both police and healthcare professionals. The changes highlight the need for appropriate working arrangements to be in place which minimise the need for ‘section 136 detainees’ to be taken to a police station and instead to be taken to an appropriate healthcare facility to have access to and receive the appropriate level of care.

4. The contents of this Circular have been agreed by the Department of Health and NHS Wales, and it is being issued together with a joint letter addressed to the Chief Executives of Primary Care Trusts and Mental Health Trusts; Directors of Social Services and the Health Commission, Wales.

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