Saturday 30 December 2017

Changes to police powers relating to mental health and places of safety

a post by Amy Street for the UK Police Law Blog [via Inner Temple Library]

On 11 December 2017, significant amendments will come into force altering the power of the police to detain people who appear to be suffering from mental disorder. This blog post is intended to highlight the fact of the amendments, outline some key changes and point to sources of further information.

The relevant powers are currently contained in sections 135 and 136 of the Mental Health Act 1983 (“MHA”). Section 135 requires the grant of a warrant by a magistrate; s136 does not.

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You will, of course, need to be familiar with the MHA to follow all the changes. This blog is written for people who are “on the other side” as it were but it is useful for those of us who may be detained under the MHA to know what powers are held by whom.


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