How long can you be detained under Section 136 of the Mental Health Act?

A person can be detained on a Section 136 for up to 24 hours, extendable by up to 12 hours if the person cannot be assessed for clinical reasons. This may include support from the Community Mental Health team, admission into hospital or discharge to the care of their General Practitioner.

What is the maximum time a patient can be detained under section 4 of the Mental Health Act?

72 hours
Section 4 of the Mental Health Act is an emergency application for detention in hospital for up to 72 hours. It requires only one medical recommendation from a doctor and the application is usually by an Approved Mental Health Professional, on very rare occasions it can be applied by the Nearest Relative.

What’s a section 136?

Section 136 allows the police to take you to (or keep you at) a place of safety. They can do this without a warrant if: you appear to have a mental disorder, AND. you are in any place other than a house, flat or room where a person is living, or garden or garage that only one household has access to, AND.

Can you 136 in a hospital?

This means that an individual detained under section 135 or section 136 MHA 1983 who has been taken to a police station as the initial place of safety, may be transferred to a suitable hospital as appropriate for medical assessment and treatment within the 24 hour overall detention limit.

Are there children detained under Section 136 Mental Health Act?

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Can a person be detained under S.136?

However, the new S.136 (1B) has dispensed with this requirement, and now states that the power can be used in “any place”, with only a few exceptions, which include a private dwelling. So theoretically at least, it would be within the law to use the S.136 powers in a police station.

How does Section 135 of the Mental Health Act work?

The police would need to use Section 135 (s135) of the Mental Health Act to remove you from your home or the other places mentioned in the list above. Under s135, professionals would need a warrant to come in to these places to take you to a place of safety. The police can use force to come in, if they need to.

Can a child be held in a police cell under Section 136?

We support the Government’s proposals for a change in the law to ensure that children can never be held in a police cell under section 136 of the Mental Health Act 1983, which we recommend should be included in the next Queen’s Speech.

What happens when someone is detained on Section 136?

Section 136 gives the police power to remove someone from a public place to a place of safety. There is not an application process so we can look at the interests of their mental health and wellbeing. What happens when someone is detained on a Section 136?

What does section 136 of the Mental Health Act do?

1.2 To provide appropriate safety and security to persons detained by a Police Officer under Section 136 of the Mental Health Act 1983 (as amended) until the medical examination and Approved Mental Health Professional (AMHP) interview have taken place and any necessary arrangements for the person’s treatment or care have been made.

What is the role of the police in a section 136?

The police power is to facilitate assessment of their health and wellbeing as well as the safety of other people around them. What is the role of the Police in a Section 136? Section 136 gives the police power to remove someone from a public place to a place of safety.

Can a person be forced to take medication under Section 136?

You can’t be forced to take medication, or to have any other treatment while you are under Section 136. You can only be given treatment that you don’t want if you are put under a different section of the Mental Health Act, such as section 2, section 3 or section 37.